State v. Leonard
| Decision Date | 28 October 1987 |
| Docket Number | No. 19040-KA,19040-KA |
| Citation | 514 So.2d 695 |
| Parties | STATE of Louisiana, Appellee, v. Dennis R. LEONARD, Appellant. |
| Court | Court of Appeal of Louisiana — District of US |
Davenport, Files & Kelly by Thomas W. Davenport, Jr., Monroe, for appellant.
William J. Guste, Jr., Atty. Gen., Baton Rouge, William R. Coenen, Jr., Dist. Atty., Terry A. Doughty, Asst. Dist. Atty., Rayville, for appellee.
Before HALL, JASPER E. JONES, and NORRIS, JJ.
The defendant, Dennis R. Leonard, was charged by bill of information with aggravated burglary, armed robbery, and attempted first degree murder. The defendant was also charged with committing the crimes while armed with a firearm in violation of LSA-R.S. 14:95.2. Pursuant to a plea bargain agreement, the defendant pled guilty to aggravated burglary while armed with a firearm and aggravated battery while armed with a firearm. Concurrent sentences of ten years at hard labor for aggravated battery and twenty years at hard labor for aggravated burglary were imposed. A two year enhancement sentence was imposed upon application of LSA-R.S. 14:95.2 to the aggravated battery charge and a five year enhancement sentence was imposed upon application of LSA-R.S. 14:95.2 to the aggravated burglary charge. Defendant appeals the sentences as excessive. We affirm the convictions and all the sentences are affirmed with the exception of the five year firearm enhancement on the aggravated burglary conviction which we reverse and remand for resentencing in accordance with instructions.
The record reflects that the defendant and his brother entered the residence of Mr. Seaborn DeLee without his authorization. Mr. DeLee discovered the defendant and his accomplice while the burglary was in progress. Although the events causing Mr. DeLee's injuries are in dispute, the trial judge concluded that the defendant inflicted stab wounds upon Mr. DeLee after arming himself with the victim's knife and shotgun.
The defendant was arrested in connection with the events and subsequently pled guilty to aggravated burglary while armed with a firearm and aggravated battery while armed with a firearm. The armed robbery charge and two charges of simple escape (which occurred while the defendant was incarcerated for the present offense) were dismissed.
At the sentencing hearing, the trial judge imposed upon the defendant ten years at hard labor for aggravated battery. The trial judge enhanced the penalty on the aggravated battery charge pursuant to LSA-R.S. 14:95.2, imposing an additional consecutive sentence of two years at hard labor without benefit of parole, probation, or suspension of sentence. Twenty years at hard labor were imposed for the aggravated burglary charge. This penalty was enhanced as a second and subsequent conviction pursuant to LSA-R.S. 14:95.2, resulting in an additional consecutive sentence of five years at hard labor without benefit of parole, probation, or suspension of sentence.
Appellant raises the following issues on appeal:
(1) Is the penalty imposed for the aggravated burglary charge excessive punishment?
(2) Did the trial judge err in sentencing the defendant to the maximum penalty for aggravated battery?
(3) Did the trial judge err in construing defendant's plea of guilty to count two of the bill of information as a "second and subsequent offense" requiring a five year enhancement penalty under LSA-R.S. 14:95.2?
La. Const. Art. 1, § 20 prohibits the imposition of excessive sentences. LSA-C.Cr.P. art. 894.1 sets forth factors justifying the sentence of imprisonment. The record must reflect that the trial judge considered the criteria of LSA-C.Cr.P. art. 894.1 in imposing sentence. While the trial judge need not articulate every aggravating or mitigating circumstance, the record must reflect that he adequately considered these guidelines in particularizing the sentence to the defendant. State v. Hammonds, 434 So.2d 452 (La.App. 2d Cir.1983), writ den., 439 So.2d 1074 (La.1983); State v. Cunningham, 431 So.2d 854 (La.App. 2d Cir.1983), writ den., 438 So.2d 1112 (La.1983); State v. Smith, 433 So.2d 688 (La.1983). A sentence is constitutionally excessive where it is grossly out of proportion to the severity of the offense or nothing more than a needless and purposeless imposition of pain and suffering. State v. Bonanno, 384 So.2d 355 (La.1980); State v. Cunningham, supra. A sentence is considered grossly disproportionate if, when the crime and punishment are considered in light of the harm done to society, it is so disproportionate as to shock the sense of justice. State v. Lewis, 430 So.2d 1286 (La.App. 1st Cir.1983), writ den., 435 So.2d 433 (La.1983).
From the record it is apparent that the trial judge complied with the provisions of LSA-C.Cr.P. art. 894.1. At the sentencing hearing, the trial judge noted the defendant was the instigator of the offense and played a principal part in the physical injuries to the victim. The trial judge further observed that the defendant had twice escaped while in custody for the present offense, indicating a lack of remorse. The trial judge also considered the outcome of the defendant's actions, in that the victim spent two weeks in the hospital and would have physical and emotional scars for the rest of his life. In mitigation, the trial judge noted the defendant's status as a youthful first offender. Positive factors in favor of the defendant were a high school diploma and three years college attendance. Despite these mitigating factors, the trial judge concluded a lesser sentence would deprecate the seriousness of the crimes. We conclude the trial judge conducted a careful particularization of the sentences to the defendant in compliance with LSA-C.Cr.P. art. 894.1.
The sentencing judge is given wide discretion in imposing a sentence within the statutory limits and such a sentence should not be set aside as excessive in the absence of abuse of discretion by the sentencing judge. State v. Hammonds, supra. The maximum sentence for aggravated burglary is thirty years. The defendant received a twenty year sentence well below the maximum sentence. In light of the seriousness of the offense we conclude that the trial court did not abuse its discretion in the imposition of sentence for aggravated burglary.
The defendant argues the trial judge erred in sentencing the defendant to the maximum sentence on the aggravated battery charge. Maximum sentences are appropriate only in cases...
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Leonard v. Stephens, 22927-CA
... ... Leonard was convicted of aggravated burglary and aggravated battery upon his guilty pleas. The convictions were upheld by this court on appeal. State v. Leonard, 514 So.2d 695 (La.App. 2d Cir.1987). We hereafter refer to defendants singularly as Stephens, who was not Leonard's lawyer until after Leonard's conviction was final ... On February 26, 1988, Stephens first visited Leonard, who was then incarcerated, to discuss an ... ...