State v. Mizell

182 So. 3d 1082, 2015 La. App. LEXIS 2376, 2015 WL 10013722
CourtLouisiana Court of Appeal
DecidedNovember 18, 2015
DocketNo. 50,222-KA
StatusPublished
Cited by3 cases

This text of 182 So. 3d 1082 (State v. Mizell) 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. Mizell, 182 So. 3d 1082, 2015 La. App. LEXIS 2376, 2015 WL 10013722 (La. Ct. App. 2015).

Opinion

LOLLEY, J.

| iThis criminal appeal arises from the Fourth Judicial District Court, Parish of Ouachita, State of Louisiana. The defendant, Patrick Evan Mizell, pled guilty to aggravated secpnd degree battery, a violation of La. R.S. 14:34.7, and was sentenced to four years at hard labor. Mizell’s motion to reconsider sentence was denied, and he now appeals. For the following reasons, we affirm his conviction and sentence.

- . Facts

On June 8, 2011, an altercation occurred between Patrick Mizell and Lee Magouirk [1084]*1084at the J-Mart gas station in West Monroe, -Louisiana. Magouirk confronted Mizell about a previous altercation between Mi-,zell and Ronald Hance. During the argument with Magouirk, Mizell retrieved an aluminum baseball bat from his truck and struck Magouirk on'the left side of the face. After-hitting Magouirk with the bat, Mizell left the scene. Emergency personnel arrived at J-Mart and began treating Magouirk, who was transported to St. Francis Medical Center by ambulance. According to medical records, Magouirk’s injuries included facial lacerations, requiring 25 stitches to close, and a fractured nose. :

Deputy Mark Graves, with the Ouachita Parish Sheriffs Department, interviewed witnesses in connection with the incident and reviewed surveillance footage captured by the cameras at J-Mart. Hance, Mago-uirk’s friend, was present when the incident occurred and informed Dep. Graves of Mizell’s identity. Other witnesses, including the J-Mart manager who called the police to the scene, reported seeing Mizell hit Magouirk in the face with a bat.

|¡¡Mizell was arrested in his home,on the same night the incident occurred and charged with one count of aggravated second degree battery. Subsequently, the state filed an amended bill of information charging Mizell with attempted second degree' murder. Ultimately, Mizell pled guilty to aggravated second degree battery, and the Bill of Information was amended a second time to reflect that charge. After "accepting Mizell’s plea, the trial court ordered a presentence investigation report (“PSI”).

During the sentencing hearing, the trial court heard victim impact statements from Magouirk and his parents. Magouirk’s struggle with drugs and alcohol as well as his “mental problems” and headaches were attributed to the injuries from the incident with Mizell. The trial court also received numerous letters of mitigation on behalf of Mizell, who was in college and appeared to be doing well., Before sentencing, the trial court articulated what it considered to, be the aggravating and mitigating factors under these circumstances and ordered a sentence of four years at hard labor. Mi-zell filed a motion t,o. reconsider sentence. A hearing was granted, and after a second review of the PSI and all of the aggravating and mitigating factors, the trial court ultimately declined to amend or reduce the sentence. Mizell now appeals.

Discussion

Mizell alleges four assignments of error in his appeal, all related to his sentence. Mizell maintains that the trial court erred by rendering an excessive sentence. He argues that the trial court failed to address factors in mitigation which would compel a lesser sentence and further argues there is | ¡¡no factual basis to justify the imposition of hard labor - under these circumstances, making his four-year hard labor sentence excessive and disproportionate. We disagree.

The reviewing court does not determine whether another sentence would have been more appropriate, but whether the trial court abused its discretion. State v. Esque, 46,515 (La.App.2d Cir.09/21/11), 73 So.3d 1021, writ denied, 2011-2347 (La.03/09/12), 84 So.3d 551. In reviewing claims of excessive sentence, an appellate court uses a two-step process. First, the record must show that the trial court considered the criteria set forth in La. C. Cr, P. art. 894.1. State v. Robinson, 40,983 (La.App.2d Cir.01/24/07), 948 So.2d 379. A review of the sentencing guidelines does not require a listing of every aggravating or mitigating circumstance. State v. Cunningham, 46,664 (La.App.2d Cir.11/02/11), 77 So.3d 477. The articulation of the factual basis for the sentence is the goal of Article 894.1, not rigid or mechanical compliance with its provisions; and, where the [1085]*1085record clearly shows an adequate factual basis for the sentence, resentencing is. unnecessary even where there has not been full compliance with Article 894.1. State v. Fontenot, 49,885 (La.App.2d Cir.05/27/15), 166 So.3d 1215. The trial court has wide discretion in imposing a sentence within minimum and, maximum limits allowed by the statute; therefore, a sentence will not be set aside as excessive unless the defendant shows the trial court abused its discretion. State v. Young, 46,575 (La.App.2d Cir.09/21/11), 73 So.3d 473, writ denied, 2011-2304 (La.03/09/12), 84 So.3d 550.

|4A trial judge is in the best position to consider the aggravating and mitigating circumstances of a particular case, and, therefore, is given broad discretion in sentencing. State v. Zeigler, 42,661 (La.App.2d Cir.10/24/07), 968 So.2d 875. The important elements which should be considered are the defendant’s personal history (age, family ties, marital status, health, employment record), prior criminal record, seriousness of offense and the likelihood of rehabilitation, but the trial court is not required to weigh any specific matters over other matters. State v. Moton, 46,-607 (La.App.2d Cir.09/21/11), 73 So.3d 503, writ denied, 2011-2288 (La.03/30/12), 85 So.3d 113. Deterrence is a legitimate sentencing object, even though a defendant has demonstrated efforts to reform. State v. Lloyd, 42,793 (La.App.2d Cir.12/05/07), 973 So.2d 141.

Second, the court must determine whether the sentence is excessive under La. Const. Art. I, § 20. A sentence can be constitutionally excessive, even when it falls within statutory guidelines, if the punishment is so grossly disproportionate to the severity of the crime that it shocks the sense of justice or is nothing-more than a purposeless and needless infliction of pain and suffering. State v. Fatheree, 46,686 (La.App.2d Cir.11/02/11), 77 So.3d 1047. Where the defendant’s motion to reconsider sentence alleges mere excessiveness of sentence, on appeal the reviewing, court is limited to considering whether the sentence is constitutionally excessive. State v. Mims, 619 So.2d 1059 (La.1993); State v. Boyd, 46,321 (La.App.2d Cir.09/21/11), 72 So.3d 952.

If/The law in effect at the time of the commission of the offense is determinative of the penalty which is to be imposed upon the convicted defendant. State v. Parker, 2003-0924 (La.04/14/04), 871 So.2d 317. The incident for which Mizell was convicted occurred in 2011. At the time this offense was committed, La. R.S. 14:34.7 stated:

A. (1) Aggravated second degree battery is a battery committed with a dangerous weapon when the offender intentionally inflicts serious bodily injury. , .
(2) For purposes of this Section, “Serious bodily injury” means bodily injury which involves unconsciousness, extreme physical pain or protracted and obvious disfigurement, ,or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk of death.
B.

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Bluebook (online)
182 So. 3d 1082, 2015 La. App. LEXIS 2376, 2015 WL 10013722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mizell-lactapp-2015.