State v. Lawson

206 So. 3d 1112, 2016 La. App. LEXIS 1751
CourtLouisiana Court of Appeal
DecidedSeptember 28, 2016
DocketNo. 50,855-KA
StatusPublished

This text of 206 So. 3d 1112 (State v. Lawson) 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. Lawson, 206 So. 3d 1112, 2016 La. App. LEXIS 1751 (La. Ct. App. 2016).

Opinion

MOORE, J.

11 After he was charged with DWI 5th and other charges, Timmy Lawson was permitted to plead guilty to DWI 3rd, a violation of La. R.S. 14:98(D)(l)(a), and the state agreed to dismiss the other charges.1 [1114]*1114Lawson was sentenced to four years at hard labor and ordered to pay a fine of $2,000. The first year of the sentence was imposed without benefit of parole, probation or suspension of sentence. A timely motion to reconsider sentence was denied. Lawson now appeals his sentence as excessive. For the following reasons, we affirm.

FACTS

Timmy Larry Lawson was stopped by a Louisiana State Trooper on October 10, 2014, after the officer observed that Lawson’s vehicle had expired vehicle tags and an unrestrained passenger in the vehicle. The trooper noticed that Lawson had slurred speech and smelled of alcohol. Lawson refused a chemical blood alcohol test, and he performed poorly on field sobriety tests. He later admitted that he did not take the test because he knew he would “be at least a [.10] or just above.”

The state charged Lawson by bill of information with one count of DWI 5th based upon four prior DWI convictions and other miscellaneous charges. On August 3, 2015, after validly waiving his constitutional rights, Lawson entered a plea of guilty to a reduced charge of DWI 3rd. During the guilty plea colloquy, Lawson admitted the following recitation of facts by the state:

12Your Honor, on October the 10th of 2014 the defendant was operating a vehicle here in Ouachita Parish. Trooper Hollingsworth noticed that the license plate had expired, the sticker on it.
* * *
And proceeded to stop him. It took a little while for Mr. Lawson to stop, but there were a number of persons in the front seat. In any event, when he activated the siren he realized he was back there. He stopped the vehicle. Got out. They found some beer—open be[e]r container—open container of beer in the vehicle along with the sleeve where you would normally have additional beers. He could smell—Trooper Hollingsworth could smell alcohol on the. defendant. He didn’t want to take a chemical test, and did not desire to do—and couldn’t do some of the field sobriety because of other conditions. He was arrested for the DWI and either in route or after he got down to the correctional center the defendant explained to Trooper Holl-ingsworth that the reason he didn’t take the chemical test was he knew that he would be based on his prior experience he would be at least point one-oh or just above, somewhere in that range.

Lawson admitted that he was driving while under the influence of alcohol and above the legal limit, as well as two prior DWI convictions, on October 9, 2012, and May 5, 2008. After accepting Lawson’s guilty plea, the court ordered a presen-tence investigation (“PSI”) report.

Lawson appeared for sentencing on September 30, 2015, The court sentenced him to four years at hard labor and ordered him to pay a $2,000 fine. The first year of the sentence was imposed without benefit of probation, parole or suspension of sentence. The court referred Lawson to a substance abuse program. After a motion to reconsider sentence was denied by the trial court without a hearing, this appeal ensued.

DISCUSSION

In his sole assignment of error, Lawson alleges that the sentence imposed was unconstitutionally harsh and excessive given the circumstances of his case. He contends that his problems arose from substance abuse |3addiction, and that treatment and rehabilitation, rather than imprisonment, would be more appropriate in his case. Lawson further argues that his mistake did not harm anyone; he was not driving erratically, and he took responsibil[1115]*1115ity for his actions. He maintains that his work history demonstrates that he has contributed to society when not incarcerated, and he understands what he needs to do to change his personal life.

The state opposes any reduction in Lawson’s sentence, which it contends is not excessive. It notes that Lawson received a substantial benefit by being allowed .to plead down from DWI 5th, which wpuld have exposed him to a sentence of up to 30 years at hard labor and a $5,000 fine. Furthermore, Lawson did not even receive the maximum sentence for the DWI 3rd conviction.

In 2014, when the offense was committed, the sentencing range for a conviction for DWI 3rd was imprisonment with or without hard labor, for not less than one year, nor more than five years and a mandatory fine of $2,000. La. R.S. 14:98. At least one year of the sentence was required to be imposed without benefit of parole, probation or suspension of sentence. Id.

We review sentences for exces-siveness under a two-pronged test: First, the record must show that the trial court considered 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. Johnson, 48,320 (La.App. 2 Cir. 11/20/13), 127 So.3d 988; State v. Watson, 46,572 (La.App. 2 Cir. 9/21/11), 73 So.3d 471. The goal of Art. 894.1 is articulation of the factual basis for the court’s sentence, not simply wooden or mechanical compliance with its provisions. DWhere the record clearly shows an adequate factual basis for the sentence imposed, remand is unnecessary even where there has not been full compliance with Art. 894.1. State v. Jones, 398 So.2d 1049 (La.1981); Johnson, supra; State v. Ates, 43,327 (La.App. 2 Cir. 8/13/08), 989 So.2d 259, writ denied, 08-2341 (La. 5/15/09), 8 So.3d 581. The important factors to be considered are the defendant’s personal history (age, family ties, marital status, health and employment record), prior criminal record, seriousness of offense and the likelihood of rehabilitation. There is no requirement that specific matters be given any particular weight at sentencing. State v. Taves, 03-0518 (La. 12/3/03), 861 So.2d 144; State v. Thompson, 50,392 (La.App. 2 Cir. 2/24/16), 189 So.3d 1139.

The second prong of our review weighs the severity of the sentence imposed in light of the offense and other factors considered in the first prong. A sentence violates La. Const. Art. I, § 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, 01-2574 (La. 1/14/03), 839 So.2d 1; State v. Dorthey, 623 So.2d 1276 (La.1993); State v. Shoupe, 46,395 (La.App. 2 Cir. 6/22/11), 71 So.3d 508, writ denied, 11-1634 (La. 1/13/12), 77 So.3d 950. 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, 01-0467 (La. 1/15/02), 805 So.2d 166; Johnson, supra; Shoupe, supra. To constitute an excessive sentence, a court must find that the sentence makes no reasonable contri bution to acceptable penal goals. State v. Griffin, 14-1214 (La. 10/14/15), 180 So.3d 1262. The trial judge has wide discretion to impose a sentence within the statutory limits, and such a ^sentence will not be set aside as excessive absent a manifest abuse of this discretion. State v. Williams, 03-3514 (La. 12/13/04), 893 So.2d 7; Shoupe, supra.

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

Related

State v. Taves
861 So. 2d 144 (Supreme Court of Louisiana, 2003)
State v. Germany
981 So. 2d 792 (Louisiana Court of Appeal, 2008)
State v. Black
669 So. 2d 667 (Louisiana Court of Appeal, 1996)
State v. Givens
42 So. 3d 451 (Louisiana Court of Appeal, 2010)
State v. Dorthey
623 So. 2d 1276 (Supreme Court of Louisiana, 1993)
State v. Ates
989 So. 2d 259 (Louisiana Court of Appeal, 2008)
State v. Weaver
805 So. 2d 166 (Supreme Court of Louisiana, 2002)
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. Williams
893 So. 2d 7 (Supreme Court of Louisiana, 2004)
State v. Smith
433 So. 2d 688 (Supreme Court of Louisiana, 1983)
State v. Ross
811 So. 2d 176 (Louisiana Court of Appeal, 2002)
State v. Watson
73 So. 3d 471 (Louisiana Court of Appeal, 2011)
State of Louisiana v. Jessie M. Griffin, II
180 So. 3d 1262 (Supreme Court of Louisiana, 2015)
State v. Mendenhall
115 So. 3d 727 (Louisiana Court of Appeal, 2013)
State v. Johnson
127 So. 3d 988 (Louisiana Court of Appeal, 2013)
State v. Thompson
189 So. 3d 1139 (Louisiana Court of Appeal, 2016)
State v. Shoupe
71 So. 3d 508 (Louisiana Court of Appeal, 2011)
Hixon v. State
1 Thompson 50 (Tennessee Supreme Court, 1850)

Cite This Page — Counsel Stack

Bluebook (online)
206 So. 3d 1112, 2016 La. App. LEXIS 1751, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lawson-lactapp-2016.