State v. Matthews

572 So. 2d 250, 1990 WL 180105
CourtLouisiana Court of Appeal
DecidedNovember 14, 1990
Docket89 KA 2130
StatusPublished
Cited by9 cases

This text of 572 So. 2d 250 (State v. Matthews) 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. Matthews, 572 So. 2d 250, 1990 WL 180105 (La. Ct. App. 1990).

Opinion

572 So.2d 250 (1990)

STATE of Louisiana
v.
Michael J. MATTHEWS.

No. 89 KA 2130.

Court of Appeal of Louisiana, First Circuit.

November 14, 1990.
Writ Denied February 22, 1991.

*251 Donald Camouche, Dist. Atty., Donaldsonville, for State of La.

John B. Comish, Baton Rouge, for Michael J. Matthews.

Before EDWARDS, WATKINS and LeBLANC, JJ.

WATKINS, Judge.

Michael J. Matthews was charged by multiple indictments with eighteen counts of forgery and seven counts of theft of $500.00 or more, violations of LSA-R.S. 14:72 and LSA-R.S. 14:67. Pursuant to a plea bargain agreement, defendant pled guilty to five counts of forgery and five counts of theft of $500.00 or more. After ordering and reviewing a pre-sentence investigation report on Mr. Matthews, the trial court sentenced defendant to terms of imprisonment totalling fifty years at hard labor. The court suspended six terms totalling thirty years, and placed defendant on fifteen years of active probation with several special conditions of probation. (The details of sentencing are set out more fully in the factual summary below.) Defendant appeals, urging the following assignments of error.

1. The trial court erred in the sentencing of Michael J. Matthews, in that the court failed to consider any mitigating factors, the sentence is clearly unconstitutional and excessive for the nature of the offense, the sentence is grossly out of proportion to the severity of the crime, and in that sentence was handed down without the judge having been provided with a thorough and complete pre-sentence investigation report which left the judge without vital information necessary for his consideration of sentencing.
2. The trial court erred in failing to suspend Matthews' sentences and in sentencing Matthews to consecutive rather than concurrent prison terms.
3. The trial court erred in precluding Matthews from forever practicing law, being employed in a non-attorney yet law-related field, and in precluding Matthews from acting as his own counsel as a condition of his future probation.
4. The trial court erred in sentencing the defendant to an excessive fifteen years probation inasmuch as the majority of restitution ordered had been prior to sentencing, defendant is a first offender and will not be in a position to recreate his crimes.

Assignment of error number four was not briefed on appeal and, therefore, is considered abandoned. Uniform Rules— Courts of Appeal, Rule 2-12.4.

FACTS

Defendant was an attorney practicing in Ascension Parish whose work included handling many cases on a contingent fee basis. Over the course of approximately three years, between May of 1985, and February of 1988, he misappropriated substantial sums of money from numerous clients, ultimately causing some of them financial ruin. After being charged with multiple counts of forgery and theft of $500.00 or more, defendant pled guilty to five counts of forgery and five counts of theft of $500.00 or more.

Defendant was subsequently sentenced by the trial court as follows. On the first forgery conviction, defendant received a sentence of five years at hard labor. For the first conviction of theft of $500.00 or more, defendant also received five years at hard labor to run concurrently with the five year sentence imposed on the first forgery conviction. Defendant was further sentenced to serve two five-year terms of imprisonment at hard labor for the second forgery conviction and the second conviction of theft of $500.00 or more. These two sentences were to run concurrently with each other; however, they were imposed to run consecutively with the two sentences imposed on the first forgery and theft convictions. The trial court also ordered that defendant be confined for a period of five years at hard labor for each of the three remaining forgery convictions and, also, for each of the three remaining convictions for theft of $500.00 or more. However, the trial court then suspended all of the sentences imposed on the latter *252 three forgery convictions and on the latter three convictions for theft of $500.00 or more and placed defendant on active probation for a period of five years on each of these convictions. The probationary periods for the third, fourth and fifth forgery convictions were ordered to run concurrently with the probationary periods for the third, fourth and fifth convictions for theft of a value of $500.00 or more; however, each of the respective five-year periods of probation was imposed to run consecutively to the first two forgery convictions and the first two theft convictions.

The trial court also imposed the following special conditions of probation. First, the trial court ordered restitution to the victims of the crimes herein as follows. It ordered defendant to pay the following sums to the following persons: to Michelle Wagner, $12,500.00; to Danny and Roxanne LaPorte, $3,000.00; to Paula Nunez, $35,000.00; to Michael Delaune, $75,000.00, and, finally, to Odis Wagner, $10,000.00. A further condition of probation was that defendant refrain from participating in any aspect of the legal profession within the State of Louisiana, including the practice of law as an attorney; performing any services either as a paralegal, law clerk or research assistant; or working as an investigator in any legal matters either for himself or on behalf of anyone else. The trial court also affixed a $25.00 per month supervision fee payable to the Department of Corrections while defendant was on probation.

EXCESSIVE SENTENCE:

Through his first assignment of error, defendant claims that the sentences imposed were unconstitutional and excessive given the nature of the offense, grossly out of proportion to the severity of the crime, and handed down without the trial court's having been provided with a thorough and complete pre-sentence investigation report, leaving it without vital information necessary for the consideration of sentencing. Defendant further avers that the trial court erred in failing to consider any mitigating factors in his favor.

Article I, § 20, of the Louisiana Constitution prohibits the imposition of excessive punishment. Excessiveness of a sentence is a question of law which is reviewable. See State v. Sepulvado, 367 So.2d 762 (La.1979). A sentence may be excessive either by reason of its length or because circumstances warrant a less onerous sentencing alternative. State v. Payne, 540 So.2d 520 (La.App. 1st Cir.), writ denied, 546 So.2d 169 (La.1989). In other words, a sentence may be both within the statutory limits and constitutionally excessive. State v. Sepulvado, 367 So.2d at 767. A sentence is excessive when it is grossly out of proportion to the severity of the offense or nothing more than the needless and purposeless imposition of pain and suffering. To determine whether or not a penalty is grossly disproportionate to the crime, the court considers the punishment and the crime in light of the harm to society and whether or not the penalty is so disproportionate as to shock our sense of justice. The trial court is given wide discretion in the imposition of sentences within statutory limits, and the sentence imposed by it should not be set aside as excessive in the absence of manifest abuse of discretion. State v. Payne, 540 So.2d at 524.

A trial court's reasons in imposing sentence, as required by LSA-C.Cr.P. art. 894.1, are an important aid to this court when reviewing a sentence alleged to be excessive. State v. Payne, 540 So.2d at 524.

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Related

In re Matthews
30 So. 3d 737 (Supreme Court of Louisiana, 2010)
State v. Smith
940 So. 2d 686 (Louisiana Court of Appeal, 2006)
In Re Comish
889 So. 2d 236 (Supreme Court of Louisiana, 2004)
State v. Narcisse
714 So. 2d 698 (Supreme Court of Louisiana, 1998)
State v. Barnett
700 So. 2d 1005 (Louisiana Court of Appeal, 1997)
State v. Milstead
681 So. 2d 1274 (Louisiana Court of Appeal, 1996)
State v. Clark
643 So. 2d 463 (Louisiana Court of Appeal, 1994)
State v. Searile
643 So. 2d 455 (Louisiana Court of Appeal, 1994)
State v. Matthews
575 So. 2d 387 (Supreme Court of Louisiana, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
572 So. 2d 250, 1990 WL 180105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-matthews-lactapp-1990.