State v. Hilbun

821 So. 2d 530, 2002 WL 1285125
CourtLouisiana Court of Appeal
DecidedJune 12, 2002
Docket36,048-KA
StatusPublished
Cited by3 cases

This text of 821 So. 2d 530 (State v. Hilbun) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hilbun, 821 So. 2d 530, 2002 WL 1285125 (La. Ct. App. 2002).

Opinion

821 So.2d 530 (2002)

STATE of Louisiana, Appellee
v.
Christopher HILBUN, Appellant.

No. 36,048-KA.

Court of Appeal of Louisiana, Second Circuit.

June 12, 2002.

*531 Stephen A. Glassell, Shreveport, for Appellant.

Richard Ieyoub, Attorney General, James M. Bullers, District Attorney, Michael A. Pitman, Assistant District Attorney, for Appellee.

Before GASKINS, PEATROSS and DREW, JJ.

DREW, J.

Christopher Hilbun pleaded guilty to vehicular homicide and first degree vehicular negligent injuring (R.S. 14:32.1; R.S. 14:39.2). He was sentenced to serve 15 years at hard labor with 9 years suspended and 2 years without benefit of parole, probation, or suspension of sentence on the vehicular homicide charge, and 5 years at hard labor with 4 years suspended on the *532 first degree vehicular negligent injuring charge. In addition, the defendant was fined $2,000 on each count. Further, the court placed the defendant on supervised probation for 3 years on each charge, imposing special conditions. The sentences and fines were ordered served and executed consecutively, while the probation terms were ordered served concurrently. The defendant now appeals his sentences. We amend the sentences to conform with the trial court's intent that the probationary period commence immediately upon defendant's release from the physical custody of the Louisiana Department of Corrections. We affirm the conviction. As amended, we affirm the sentences.

FACTS

On December 4, 1999, at approximately 5:00 a.m., the defendant was operating his vehicle under the influence of alcohol. The defendant's vehicle crossed the center line on Linton Road in Bossier Parish and collided head-on with a vehicle driven by 17-year-old J.B., who sustained serious injuries, including two broken legs. J.B.'s passenger, 14-year-old M.C., died as a result of the collision. The defendant pleaded guilty to one count of vehicular homicide and one count of first degree vehicular negligent injuring.

DISCUSSION

In his first assignment of error, defendant argues that the trial court imposed excessive sentences. He contends that:

(i) The mandatory jail time should be reduced to a total of two years;
(ii) He should be allowed to complete the halfway house requirement while incarcerated in the custody of the Department of Corrections; and
(iii) The requirement of weekly group presentations should be reduced to a total of thirty six presentations, one per month, during the period of probation.

At the outset, the defendant notes that he is eligible for parole and could earn good-time credits resulting in his release from prison before he completes his seven-year prison term. Under this scenario, the defendant notes that he may be released from prison three and one half years before his probation begins. As such, the defendant argues that the trial court should have instead imposed only a two-year term in parish jail, pursuant to La.C.Cr.P. art. 895. The defendant further argues that the probationary condition that he complete an inpatient substance abuse program would be of little benefit if the defendant were released from prison for a significant period of time before he would be required to complete it.

In addition, the defendant argues that the probation condition ordering him to stay in a halfway house for nine months is not authorized by law or reasonably related to rehabilitation because he has a strong family support system. In the alternative, the defendant argues that his incarceration should satisfy the halfway house condition and he should not be required to stay in a halfway house after his release.

Lastly, the defendant argues that the probationary condition that he make two one-hour presentations per week on the dangers of drinking and driving are not authorized by law or reasonably related to rehabilitation because it would be of little benefit if he was released from prison for a significant period of time before he would be required to complete it and the number of presentations required is excessive given his introverted personality.

The law on excessive sentence *533 claims is well settled.[1] R.S. 14:32.1 provides, in pertinent part, that:

Whoever commits the crime of vehicular homicide shall be fined not less than two thousand dollars nor more than fifteen thousand dollars and shall be imprisoned with or without hard labor for not less than two years nor more than twenty years. At least one year of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence. The court shall require the offender to participate in a court-approved substance abuse program or a court-approved driver improvement program, or both. All driver improvement courses required under this Section shall include instruction on railroad grade crossing safety.

Further, La. R.S. 14:39.2, provides, in pertinent part, that:

Whoever commits the crime of first degree vehicular negligent injuring shall be fined not more than two thousand dollars or imprisoned with or without hard labor for not more than five years, or both.

Although the defendant relies on La. C.Cr.P. art. 895 to argue that his hard labor sentences are illegal or excessive, La.C.Cr.P. art. 895 is limited to imprisonment as a condition of probation. Therefore, the defendant's reliance on La. C.Cr.P. art. 895 is misplaced. Moreover, the record indicates that the trial court took cognizance of all the relevant aggravating and mitigating factors after a lengthy sentencing hearing lasting two days, and thereafter sentenced the defendant appropriately and without constitutional excessiveness.

The sentencing hearing included testimony from J.B. and his father, as well as M.C.'s pastor, M.C.'s father, and M.C.'s barber. Moreover, the defendant testified and presented the testimony of his counselor, mother and father, supervisor, and a *534 family friend. In addition, the court had the assistance of a pre-sentencing investigation report. The trial judge was quite meticulous in his sentencing in this tragic and difficult case.

Before imposing sentence, the trial court noted that the defendant was a first felony offender; summarized the hearing testimony; and noted that he had read all the letters submitted by the state and the defense. The trial court found that during a period of a suspended sentence or probation, there was an undue risk that the defendant would commit another crime due to the defendant's unresolved problem with alcohol; although, when listing mitigating factors, the judge felt that these particular circumstances were unlikely to reoccur, particularly after the defendant completed the terms of this probation. The trial court also found that the defendant was in need of a custodial environment. Further, the trial court found that any lesser sentence would deprecate the seriousness of the defendant's crime and its impact on the victims' families.

The trial court noted several aggravating factors in the case, such as the offense resulted in significant permanent injury and economic loss; it involved multiple victims; and, disturbingly, the defendant was previously involved in misdemeanor offenses involving alcohol. The trial court found as a mitigating factor that the defendant did not intend to inflict harm; however, the trial court noted that his actions were reckless.

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Related

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Cite This Page — Counsel Stack

Bluebook (online)
821 So. 2d 530, 2002 WL 1285125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hilbun-lactapp-2002.