State v. Tompkins

429 So. 2d 1385
CourtSupreme Court of Louisiana
DecidedApril 4, 1983
Docket82-KA-0061
StatusPublished
Cited by49 cases

This text of 429 So. 2d 1385 (State v. Tompkins) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Tompkins, 429 So. 2d 1385 (La. 1983).

Opinion

429 So.2d 1385 (1982)

STATE of Louisiana
v.
George TOMPKINS.

No. 82-KA-0061.

Supreme Court of Louisiana.

October 18, 1982.
On Rehearing April 4, 1983.
Rehearing Denied May 13, 1983.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., J. Eddie Knoll, Dist. Atty., for plaintiff-appellee.

Donald R. Wilson, Gaharan & Wilson, Jena, for defendant-appellant.

*1386 DAVID R.M. WILLIAMS, Justice Pro Tem.[*]

Defendant George Tompkins was indicted by a grand jury for manslaughter in violation of La.R.S. 14:31. After trial by jury, defendant was found guilty as charged and was sentenced to serve fifteen years at hard labor. Defendant appealed his conviction and sentence to this court. We affirmed his conviction, but remanded the case to the trial court for resentencing because the trial court had not sufficiently articulated its reasons for imposing the fifteen-year sentence. State v. Tompkins, 403 So.2d 644 (La.1981). On remand, the trial court again sentenced defendant to serve fifteen years at hard labor. Defendant has appealed this sentence, urging that it is unconstitutionally excessive.

The following facts were adduced from the Pre-Sentence Investigation Report and testimony presented at the sentencing hearing. Defendant operated a lounge. Two patrons, Keller and Turner, began to fight. They stepped outside, but Turner returned to the lounge to get a pool cue; he claimed that Keller had a knife. Defendant went outside to confront Keller, taking a pistol with him. Witnesses to the incident testified that defendant told Keller three times to drop the knife and when Keller did not do so, he shot him. Defendant claimed that his gun accidentally discharged.

The defense argues that in light of the circumstances of the crime and defendant's personal background, a sentence of fifteen years at hard labor is clearly excessive. The maximum sentence which the court could have imposed is twenty-one years at hard labor. La.R.S. 14:31.

Defendant is forty-one years old. He has been married for eighteen years and has four children. One of his children has a birth defect and requires surgery. Defendant's retarded brother and five-year old niece also live with the family. He has no previous criminal record other than traffic violations. At the pre-sentencing hearing, the defendant and his wife testified to his personal and financial history and their present situation. The minister of the church of which defendant is a member and his present and previous employers all testified on his behalf.

At the sentencing hearing, the trial judge stated that he realized that prison was likely to cause a hardship on defendant and his family. He noted that although the victim had a knife, it was not raised and that defendant's action caused serious harm and that defendant must have contemplated that it would do so. The trial court reiterated the victim's last words: "You didn't have to shoot me, George L.; I'm sorry." The judge stated that there was no way for defendant to compensate the victim and that defendant was in need of custodial treatment. The court further stated that an incident such as the one for which defendant was convicted might occur again and any other sentence would deprecate the seriousness of the offense.

Excessive punishment is prohibited by Article 1, Section 20 of the Louisiana Constitution of 1974. A sentence that is within the statutory limits may nevertheless be unconstitutionally excessive. State v. Sepulvado, 367 So.2d 762 (La.1979). A sentence is excessive if it is nothing more than purposeless or needless imposition of pain and suffering. State v. Prados, 404 So.2d 925 (La.1981); State v. Guiden, 399 So.2d 194 (La.1981).

Article 894.1 of the Louisiana Code of Criminal Procedure requires that the trial judge fully articulate his reasons for imposing sentence. This enables us to competently review a sentence complained of as excessive. State v. Prados, supra; State v. Spencer, 374 So.2d 1195 (La.1979).

Because the record clearly shows the factual basis and individual considerations *1387 upon which the fifteen-year sentence was based, our review is limited to whether the trial court's discretion has been abused. State v. Cox, 369 So.2d 118 (La.1979). The trial judge has wide discretion in imposing sentences within the statutory limits and absent a manifest abuse of this discretion, the sentence imposed by the trial court should not be set aside on the ground of excessiveness. State v. Douglas, 389 So.2d 1263 (La.1980); State v. Jones, 381 So.2d 416 (La.1980); State v. Spencer, supra.

After reviewing the facts presented by the present case, we find no abuse of the trial court's discretion. Although the sentence is severe, it is not unconstitutionally excessive. As we stated in our earlier decision in this case: "[t]aking a human life without justification, even if provoked, is a very serious matter." State v. Tompkins, 403 So.2d at 650. Considering the circumstances of this case and the nature of the crime we find that the trial court did not impose an unconstitutional sentence.

For the foregoing reasons, the sentence imposed upon defendant is affirmed.

DIXON, C.J., respectfully dissents on this record the sentence is excessive.

ON REHEARING

BLANCHE, Justice.

A rehearing was granted in this case to reconsider the question of whether the defendant, George Tompkins, received an excessive sentence in violation of La. Const. art. 1, § 20.

Tompkins was convicted of manslaughter and sentenced to serve a prison term of fifteen years at hard labor. On appeal to this court, we affirmed the conviction, but vacated the sentence on the ground that the trial judge had failed to state for the record the factual basis for the imposition of the sentence as required by La.C.Cr.P. art. 894.1.[1] The case was remanded to the trial court for resentencing in accordance with that statute.

After a pre-sentence hearing on remand, the trial court again imposed a sentence of fifteen years at hard labor. The defendant appealed the sentence, and we affirmed upon a finding that the sentence was not unconstitutionally excessive. We granted this rehearing to re-examine the sentence.

Defendant operated the Blue Lite night club in Long Bridge, Louisiana. At approximately 12:10 a.m. on January 28, 1980, a fight erupted between two of the patrons, Terry Turner (age 15) and Frederick Keller (age 19). The defendant escorted the two outside, but several minutes later, Turner ran inside the club to get a pool stick, claiming that Keller was armed with a knife. At this point, the defendant stopped Turner, secured his pistol and went outside to confront Keller.

Once outside the club the defendant encountered Keller who was waiting for Turner. Two eyewitnesses testified that the defendant pointed his pistol at Keller, advised him three times to drop the knife and then shot Keller dead when he failed to heed his command. The defendant maintained that the pistol accidently discharged. All witnesses, including the defendant, testified that Keller held the knife at his side and never made any movements toward the defendant.

The pre-sentence report reveals that the defendant was forty years old at the time of the offense. For the past twenty years, he has resided in the Cottonport area.

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