State v. Hill

12 So. 3d 473, 2009 La. App. LEXIS 806, 2009 WL 1315512
CourtLouisiana Court of Appeal
DecidedMay 13, 2009
Docket44,217-KA
StatusPublished

This text of 12 So. 3d 473 (State v. Hill) 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. Hill, 12 So. 3d 473, 2009 La. App. LEXIS 806, 2009 WL 1315512 (La. Ct. App. 2009).

Opinion

GASKINS, J.

_JjThe defendant, Laterrance T. Hill, was indicted for aggravated rape but was allowed to plead guilty to attempted aggravated rape. The trial court sentenced him *475 to 50 years at hard labor without benefit of parole, probation or suspension of sentence. We affirm the defendant’s conviction and sentence.

FACTS

On April 20, 2006, the defendant entered a residence in Monroe, Louisiana, through the window of the bedroom where the 12-year-old victim was sleeping with her sister and brothers. The defendant removed the clothing of the victim, who was his cousin, and forcibly engaged in sexual intercourse with her. When the victim tried to resist the defendant, he choked her. The victim’s 10-year-old sister was awakened and saw the defendant on top of the victim. Upon seeing the victim trying to resist the defendant and then being choked, the sister attempted to help her but was pushed away by the defendant. The victim’s sister then left the bedroom to summon their mother. The victim’s mother confronted the defendant and told him she was going to call the police; the defendant unsuccessfully tried to dissuade her from doing so. He then fled the home.

Once police arrived, the victim was questioned and then transported to a local hospital where a rape kit was completed; bruising and abrasions were observed on the victim’s vaginal area. Sperm consistent with the defendant’s DNA profile was found on the victim’s vaginal swab. The probability of finding the same DNA profile, if the DNA had come from a randomly selected individual other than the defendant, was approximately 12one in 10.1 quadrillion. The victim told the police that this incident was not the first time the defendant had sexually assaulted her.

The defendant was indicted for aggravated rape. Pursuant to a plea agreement, he pled guilty to attempted aggravated rape without an agreement as to his sentence. The trial court ordered a pre-sentence investigation (PSI) report. The defendant was subsequently sentenced to 50 years at hard labor without benefit of parole, probation or suspension of sentence, the maximum sentence for the offense to which he pled guilty. A timely motion to reconsider sentence was denied, and this appeal ensued.

LAW

The test imposed by the reviewing court in determining the excessiveness of a sentence is two-pronged. First, the record must show that the trial court took cognizance of the criteria set forth in La. C. Cr. P. art. 894.1. The trial judge is not required to list every aggravating or mitigating circumstance so long as the record reflects that he adequately considered the guidelines of the article. State v. Smith, 433 So.2d 688 (La.1983); State v. Lathan, 41,855 (La.App.2d Cir.2/28/07), 953 So.2d 890, writ denied, 2007-0805 (La.3/28/08), 978 So.2d 297. The articulation of the factual basis for a sentence is the goal of La. C. Cr. P. art. 894.1, not rigid or mechanical compliance with its provisions. State v. Lanclos, 419 So.2d 475 (La.1982); State v. Hampton, 38,017 (La.App.2d Cir.1/28/04), 865 So.2d 284, units denied, 2004-0834 (La.3/11/05), 896 So.2d 57 and 2004-2380 (La.6/3/05), 903 So.2d 452. The important elements which should be considered are the defendant’s personal history (age, family ties, |8marital status, health, employment record), prior criminal record, seriousness of offense and the likelihood of rehabilitation. State v. Jones, 398 So.2d 1049 (La.1981); State v. Haley, 38,258 (La.App.2d Cir.4/22/04), 873 So.2d 747, writ denied, 2004-2606 (La.6/24/05), 904 So.2d 728. There is no requirement that specific matters be given any particular weight at sentencing. State v. Shumaker, 41,547 (La.App.2d Cir.12/13/06), 945 So.2d 277, writ denied, 2007-0144 (La.9/28/07), 964 *476 So.2d 351; State v. Jones, 33,111 (La.App.2d Cir.3/1/00), 754 So.2d 392, writ denied, 2000-1467 (La.2/2/01), 783 So.2d 385.

On the second prong of the ex-cessiveness test, the court must determine whether a sentence violates La. Const. art. 1, § 20. A sentence will violate La. Const. art. 1, § 20 if it is grossly out of proportion to the seriousness of the offense or nothing more than a purposeless and needless infliction of pain and suffering. State v. Smith, 2001-2574 (La.1/14/03), 839 So.2d 1; State v. Dorthey, 623 So.2d 1276 (La.1993); State v. Bonanno, 384 So.2d 355 (La.1980). A sentence is considered grossly disproportionate if, when the crime and punishment are viewed in light of the harm done to society, it shocks the sense of justice. State v. Weaver, 2001-0467 (La.1/15/02), 805 So.2d 166; State v. Lobato, 603 So.2d 739 (La.1992); State v. Robinson, 40,983 (La.App.2d Cir.1/24/07), 948 So.2d 379.

A trial court has broad discretion to sentence within the statutory limits. Where a defendant has pled guilty to an offense which does not adequately describe his conduct or has received a significant reduction in |4potential exposure to confinement through a plea bargain, the trial court has great discretion in imposing even the maximum sentence possible for the pled offense. State v. Shirley, 41,608 (La.App.2d Cir.12/13/06), 945 So.2d 267, unit denied, 2007-1394 (La.4/4/08), 978 So.2d 321. Absent a showing of manifest abuse of that discretion, we may not set aside a sentence as excessive. State v. Guzman, 1999-1528, 1999-1753 (La.5/16/00), 769 So.2d 1158; State v. Smith, 43,757 (La.App.2d Cir.12/3/08), 999 So.2d 171.

DISCUSSION

The defendant contends that his sentence is excessive in that the trial court refused to consider his youth as a mitigating factor because of his drug history as a teenager. Additionally, the defendant argues that the trial court erred in considering the age of the victim in determining his sentence as the legislature had already taken cognizance of her age in fashioning a harsher sentence when the victim is under the age of 13. Thus, according to the defendant, the victim’s age should not have been an aggravating factor in determining the sentence.

The state argues that the trial court considered the appropriate factors in determining the defendant’s sentence. The state notes that the defendant has shown no remorse for his actions which were committed while he was on parole for a prior drug conviction. The state reasons that the sentence was appropriately tailored for this particular defendant. Based upon the record before us, we agree.

|5The record reveals that the trial judge was cognizant of and considered the appropriate factors in determining the defendant’s sentence. The trial judge issued a sentencing memorandum that throughly chronicled the defendant’s family, work, and criminal histories.

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Related

State v. Jones
754 So. 2d 392 (Louisiana Court of Appeal, 2000)
State v. Hampton
865 So. 2d 284 (Louisiana Court of Appeal, 2004)
State v. Dorthey
623 So. 2d 1276 (Supreme Court of Louisiana, 1993)
State v. Weaver
805 So. 2d 166 (Supreme Court of Louisiana, 2002)
State v. Bonanno
384 So. 2d 355 (Supreme Court of Louisiana, 1980)
State v. Jones
398 So. 2d 1049 (Supreme Court of Louisiana, 1981)
State v. Smith
839 So. 2d 1 (Supreme Court of Louisiana, 2003)
State v. Lathan
953 So. 2d 890 (Louisiana Court of Appeal, 2007)
State v. Shumaker
945 So. 2d 277 (Louisiana Court of Appeal, 2006)
State v. Shirley
945 So. 2d 267 (Louisiana Court of Appeal, 2006)
State v. Smith
433 So. 2d 688 (Supreme Court of Louisiana, 1983)
State v. Haley
873 So. 2d 747 (Louisiana Court of Appeal, 2004)
State v. Lobato
603 So. 2d 739 (Supreme Court of Louisiana, 1992)
State v. Guzman
769 So. 2d 1158 (Supreme Court of Louisiana, 2000)
State v. Lanclos
419 So. 2d 475 (Supreme Court of Louisiana, 1982)
State v. Robinson
948 So. 2d 379 (Louisiana Court of Appeal, 2007)
State v. Smith
999 So. 2d 171 (Louisiana Court of Appeal, 2008)

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Bluebook (online)
12 So. 3d 473, 2009 La. App. LEXIS 806, 2009 WL 1315512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hill-lactapp-2009.