State v. Morain
| Decision Date | 02 April 2008 |
| Docket Number | No. 07-1207.,07-1207. |
| Citation | 981 So.2d 66 |
| Parties | STATE of Louisiana v. Randall J. MORAIN. |
| Court | Court of Appeal of Louisiana — District of US |
James C. Downs, District Attorney, Michael W. Shannon, Asst. District Attorney, Alexandria, LA, for Plaintiff/Appellee, State of Louisiana.
Mark O. Foster, Natchitoches, LA, for Defendant/Appellant, Randall J. Morain.
Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, OSWALD A. DECUIR, and GLENN B. GREMILLION, Judges.
In this case, the defendant, Randall J. Morain, entered a plea of guilty to the offenses of vehicular homicide, in violation of La.R.S. 14:32.1(A)(1) and (2), and first degree vehicular negligent injuring, in violation of La.R.S. 14:39.2(A)(1) and (2). Thereafter, he was sentenced to twenty-five years for the vehicular homicide offense, the first eight years to be served without the benefit of probation, parole, or suspension of sentence, and five years for the vehicular negligent injury offense, the sentences to run concurrently. Defendant filed a motion to reconsider the vehicular homicide sentence and was subsequently resentenced to twenty years, with the first eight years to be served without benefit of probation, parole, or suspension of sentence. Defendant then appealed the sentence to this court. We held that his sentence was indeterminate and illegally lenient and remanded the matter to the trial court. State v. Morain, 06-710 (La. App. 3 Cir. 11/2/06), 941 So.2d 720. On remand, the trial court sentenced Defendant on the vehicular homicide charge to twenty years at hard labor, the first eight years to be served without benefit of probation, parole, or suspension of sentence, imposed a fine of $2,000, and ordered him to participate in a court-approved substance abuse program and a court-approved driver improvement program.
Defendant is now before this court on appeal and alleges that the trial court failed to comply with La.Code Crim.P. art. 894.1(C) in sentencing him and that the maximum sentence imposed by the trial court was cruel, unusual, and excessive, in violation of Article I, § 20 of the Louisiana Constitution of 1974. For the following reasons, we vacate the sentence and remand the matter to the trial court for resentencing.
The following recitation of facts were taken from Morain, 941 So.2d at 721:
On May 17, 2004, seventeen-year-old Evan Ammons had a flat tire on Interstate 49 while on his way to work. He called his stepfather, Alberto Hinojosa, and his mother for assistance with changing the tire. Mr. Hinojosa, his wife, and their two children arrived, and Mr. Hinojosa parked their van in front of Evan's vehicle on the shoulder of the interstate. As Mr. Hinojosa was assisting Evan with changing the tire, the Defendant's vehicle veered onto the shoulder and struck them. Evan died at the scene of the accident, and Mr. Hinojosa sustained serious injuries. The Defendant's blood was tested after the accident and the blood alcohol content was measured at 0.10g percent.1
Defendant alleges that the trial court erred by not considering the sentencing requirements of Article 894.1(C), which states: "The court shall state for the record the considerations taken into account and the factual basis therefor in imposing sentence." The court, in State v. Thomas, 434 So.2d 530, 536 (La.App. 2 Cir.1983), discussed the requirements of stating a factual basis in accordance with Article 894.1(C):
Under La.C.Cr.P. Art. 894.1, the trial court must state considerations taken into account and the factual basis therefor in imposing sentence. While the judge need not articulate every aggravating and mitigating circumstance, the record must adequately reflect that he considered these guidelines in particularizing the sentence of the defendant. State v. Keeney, 422 So.2d 1144 (La. 1982). In defendant James Thomas' sentencing proceeding, the trial court recited examples of actions by the defendant that indicated to him that the defendant had a habit of this type of criminal activity, and that defendant's conduct was the result of circumstances very likely to recur. The court also discussed factors unfavorable to defendant being suitable for probation. Although the trial court did not go through all of the aggravating and mitigating circumstances, it did take into consideration this was defendant's first offense and that defendant did have dependents who depended on him for aide in their support. The record therefore adequately reflects consideration of the guidelines of Art. 894.1 in particularizing the sentence to defendant James Thomas.
See also State v. Henney, 94-615, p. 2 (La.App. 3 Cir. 12/7/94), 647 So.2d 568, 569 (alteration in original), wherein this court stated, "[a] sentencing judge must always consider the Guidelines and state for the record the considerations he has taken into account and the factual basis for the sentence he has imposed."
In the instant case, during Defendant's resentencing, the trial court stated the following:
On 17 May 2004, seventeen-year-old Evan Aymonds had a flat tire on Interstate 49 while on his way to work. He called his Stepfather and his Mother for assistance in changing the tire. His Stepfather, his Mother, and their two children arrived on the scene. [T]he Stepfather parked the van in front of Evan's vehicle on the shoulder of the Interstate and began assisting Evan in changing the tire. Suddenly the vehicle driven by Randall Morain veered onto the shoulder, struck them, and Evan died at the scene. The stepfather suffered serious injury. Everything that occurred happened in the presence of Evan's family. Mr. Morain's blood was tested after the accident and the blood alcohol content was over the legal limit. Considering the factors set forth in Article 894.1 I've considered the mitigating effect of prior military service; ten and a half years as a police officer with the Baton Rouge City Police, both, both as a uniform police officer, then as a detective in homicide; I've also considered that, ah, he worked at various other security positions and other law enforcement capacities. In addition, I've considered the additional mitigating factors of posttraumatic stress disorder, severe depression, continuing substance abuse problems and various health problems that have been suffered. As part of this analysis I've also had to consider the aggravating factors. Mr. Morain continued to drive in the fact of a known alcohol problem. Almost an entire family was present when Evan was killed. Single handedly Mr. Morain destroyed a family and a circle of friends, and his own family. There are terrible consequences when you choose to drink and drive. Based upon his life experiences he had to know the consequences of his decision to drink and drive.
While it is clear that the trial court did not consider all of the circumstances during the resentencing proceedings, it did provide a factual basis for the sentence and considered both mitigating and aggravating circumstances. Accordingly, we find that this assignment of error is without merit.
In this second assignment of error, Defendant alleges that his sentence is cruel and unusual. Initially, we note that the twenty-year sentence was the maximum at the time of the offense.2 As Defendant's only allegation is that his sentence is excessive, we can only evaluate his claim as a bare claim of excessiveness. Additionally, we note that in this assignment of error, Defendant attacks only his sentence for vehicular homicide.
We have set forth the following standard to be used in reviewing excessive sentence claims:
La. Const. art. I, § 20 guarantees that, "[n]o law shall subject any person to cruel or unusual punishment." To constitute an excessive sentence, the reviewing court must find the penalty so grossly disproportionate to the severity of the crime as to shock our sense of justice or that the sentence makes no measurable contribution to acceptable penal goals and is, therefore, nothing more than a needless imposition of pain and suffering. State v. Campbell, 404 So.2d 1205 (La.1981). The trial court has wide discretion in the imposition of sentence within the statutory limits and such sentence shall not be set aside as excessive absent a manifest abuse of discretion. State v. Etienne, 99-192 (La.App. 3 Cir. 10/13/99); 746 So.2d 124, writ denied, 00-0165 (La.6/30/00); 765 So.2d 1067. The relevant question is whether the trial court abused its broad sentencing discretion, not whether another sentence might have been more appropriate. State v. Cook, 95-2784 (La.5/31/96); 674 So.2d 957, cert. denied, 519 U.S. 1043, 117 S.Ct. 615, 136 L.Ed.2d 539 (1996).
State v. Barling, 00-1241, 00-1591, p. 12 (La.App. 3 Cir. 1/31/01), 779 So.2d 1035, 1042-43, writ denied, 01-0838 (La.2/1/02), 808 So.2d 331 (alteration in original).
In order to decide whether a sentence shocks the sense of justice or makes no meaningful contribution to acceptable penal goals, we have held that:
[A]n appellate court may consider several factors including the nature of the offense, the circumstances of the offender, the legislative purpose behind the punishment and a comparison of the sentences imposed for similar crimes. State v. Smith, 99-0606 (La.7/6/00), 766 So.2d 501. While a comparison of sentences imposed for similar crimes may provide some insight, "it is well settled that sentences must be individualized to the particular offender and to the particular offense committed." State v. Batiste, 594 So.2d 1 (La.App. 1 Cir.1991). Additionally, it is within the purview of the trial court to particularize the sentence because the trial judge "remains in the best position to assess the aggravating and mitigating circumstances presented by each case." State v. Cook, 95-2784 (La.5/31/96), 674 So.2d 957, 958.
State v. Smith, 02-719, p. 4 (La.App. 3 Cir. 2/12/03), 846 So.2d 786, 789, writ denied, 03-0562 (La.5/30/03),...
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