State v. James

136 So. 3d 113, 13 La.App. 4 Cir. 666, 2014 WL 553458, 2014 La. App. LEXIS 307
CourtLouisiana Court of Appeal
DecidedFebruary 12, 2014
DocketNo. 13-KA-666
StatusPublished
Cited by7 cases

This text of 136 So. 3d 113 (State v. James) 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. James, 136 So. 3d 113, 13 La.App. 4 Cir. 666, 2014 WL 553458, 2014 La. App. LEXIS 307 (La. Ct. App. 2014).

Opinion

FREDERICKA HOMBERG WICKER, Judge.

| ¡.Defendant, Eric James, appeals his criminal sentences arguing that they are constitutionally excessive. For the following reasons, we find his assignment of error to be without merit and affirm his sentences and convictions.

STATEMENT OF THE CASE

On December 15, 2009, in case 09-6551, the Jefferson Parish District Attorney filed a bill of information charging Defendant in two counts with separate offenses. In the first count, the State alleged Defendant violated La. R.S. 14:95.1 by being a felon in possession of a firearm. The State alleged that Defendant had previously been convicted, in case number 96-8005, for the distribution of cocaine in violation of La. • R.S. 40:467. In the second count, the State alleged Defendant violated La. R.S. 40:967(F) by possessing cocaine in an amount in excess of 200 grams, but less than 400 grams. Defendant pled not guilty at his arraignment on January 12, 2010.

On October 13, 2010, Defendant withdrew his former pleas of not guilty and pled guilty as charged to counts one and two. Because Defendant pled guilty to the 1..¡charges against him, the facts underlying his convictions were not developed at a trial. At the time of Defendant’s plea, the judge informed Defendant that his sentence would be based in part upon his ability to abide by the home incarceration terms and conditions, his ability to remain drug and crime free, and other considerations.1 Defendant was released back to home incarceration pending sentencing.2 Minute entries reveal that on December 15, 2010 and January 11, 2011, Defendant had returned to prison for home incarceration violations, without yet having been [116]*116sentenced.3

On March 18, 2011, Defendant was sentenced, on count one, to 15 years imprisonment at hard labor without the benefit of probation, parole, or suspension of sentence and, on count two, to 30 years imprisonment at hard labor. The sentences were ordered to run concurrently with each other and with other sentences the trial court imposed that day in case numbers 06-365, 06-4522 and 09-6552.4

Defendant thereafter filed a motion to reconsider sentence. This motion was denied after a hearing on April 20, 2011. On March 14, 2013, Defendant filed an application for post-conviction relief, which the trial court interpreted and granted as a request for an out-of-time appeal on April 17, 2013. Defendant’s appeal now follows.

DISCUSSION

l4In his sole assignment of error, Defendant argues the trial court erred in imposing his sentences because his sentences were constitutionally excessive. Defendant contends that the sentences imposed were grossly disproportionate to the offenses and inflict needless pain and suffering upon him. Defendant also argues that the court did not consider sentencing factors in his case.

In response, the State argues that Defendant’s sentence is not excessive in light of defendant’s previous convictions and the fact that Defendant’s sentence is within the statutory parameters.

The sentencing range for a defendant found guilty of possession of a firearm by a convicted felon is imprisonment at hard labor for not less than ten, nor more than twenty years, without the benefit of probation, parole, or suspension of sentence. La. R.S. 14:95.1. The law also mandates that a person so convicted “be fined not less than one thousand dollars nor more than five thousand dollars.” Id.

The sentencing range for a defendant found guilty of possession of cocaine in excess of 200 grams, but less than 400 grams, is a term of imprisonment at hard labor of not less than ten years, nor more than thirty years. La. R.S. 40:967(F)(l)(b). The law also mandates that a person so convicted be fined “not less than one hundred thousand dollars, nor more than three hundred fifty thousand dollars.” Id.

On March 18, 2011, Defendant was sentenced to fifteen years on count one for violating La. R.S. 14:95.1. He was also sentenced to the statutory maximum period of imprisonment, thirty years on count two for violating La. R.S. 40:967(F)(1)(b). At the hearing on Defendant’s motion to reconsider sentence, Defendant’s attorney argued that his sentence of thirty years on the second count, for distributing cocaine in excess of 200, but less than 400, grams, was excessive in light of the fact that it [117]*117was result of a plea deal. Defendant’s attorney however | ¡¡conceded that the court may consider Defendant’s prior criminal record and the fact that the State chose not to charge Defendant as a multiple offender. The trial court denied the motion for reconsideration of sentence without reasons.

The Eighth Amendment to the United States Constitution and Article I, § 20 of the Louisiana Constitution prohibit the imposition of excessive punishment. Although a sentence is within statutory limits, it can be reviewed for constitutional excessiveness. State v. Smith, 01-2574 (La.1/14/03), 839 So.2d 1, 4. A sentence is considered excessive if it is grossly disproportionate to the offense or imposes needless and purposeless pain and suffering. Id. A sentence is grossly disproportionate if, when the crime and punishment are considered in light of the harm done to society, it shocks the sense of justice. State v. Lawson, 04-334 (La.App. 5 Cir. 9/28/04), 885 So.2d 618, 622.

A trial judge has broad discretion when imposing a sentence and a reviewing court may not set a sentence aside, absent a manifest abuse of discretion. The issue on appeal is whether the trial court abused its discretion, not whether another sentence might have been more appropriate. State v. Dorsey, 07-67 (La.App. 5 Cir. 5/29/07), 960 So.2d 1127, 1130.

Three factors are considered in reviewing a trial court’s sentencing discretion: 1) the nature of the crime; 2) the nature and background of the offender; and, 3) the sentence imposed for similar crimes by the same court and other courts. State v. Stewart, 03-920, p. 16 (La.App. 5 Cir. 1/27/04), 866 So.2d 1016, 1027-28, writ denied, 04-449 (La.6/25/04), 876 So.2d 832. The reviewing court must keep in mind that maximum sentences should only be imposed on the most egregious offenders. State v. Guajardo, 428 So.2d 468, 473 (La.1983).

Louisiana courts have previously upheld as constitutional sentences of fifteen years for violating La. R.S. 14:95.1 and a sentence of thirty years |(iimprisonment for violating La. R.S. 40:967. State v. Caffrey, 08-717 (La.App. 5 Cir. 5/12/09), 15 So.3d 198, writ denied, 09-1305 (La.2/5/10), 27 So.3d 297; State v. Furgerson, 34,344 (La.App. 2 Cir. 3/2/01), 781 So.2d 1268, writ denied, 01-1102 (La.3/22/02), 811 So.2d 921.

In Caffrey, supra, the defendant was convicted of violating La. R.S. 14:95.1 and sentenced to 15 years at hard labor without the benefit of parole, probation, or suspension of sentence. Id. At the time, this was the maximum period of incarceration permitted by La. R.S. 14:95.1. This Court found that the sentence was not constitutionally excessive, taking into account the defendant’s prior conviction for possession of cocaine, and his guilty pleas to possession of cocaine and possession of marijuana on the same date that he pled guilty to being a felon in possession of a firearm. Id. at 204 (citing State v. Warmack, 07-311 (La.App. 5 Cir.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Louisiana v. Blain K. Bass
Louisiana Court of Appeal, 2021
State v. Esteen
262 So. 3d 1064 (Louisiana Court of Appeal, 2018)
State v. Perry
250 So. 3d 1180 (Louisiana Court of Appeal, 2018)
State v. Cox
239 So. 3d 465 (Louisiana Court of Appeal, 2018)
State v. Rodas
202 So. 3d 518 (Louisiana Court of Appeal, 2016)
State v. Barnes
179 So. 3d 874 (Louisiana Court of Appeal, 2015)
State v. Lewis
147 So. 3d 1251 (Louisiana Court of Appeal, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
136 So. 3d 113, 13 La.App. 4 Cir. 666, 2014 WL 553458, 2014 La. App. LEXIS 307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-james-lactapp-2014.