State of Louisiana Versus Edin O. Melgar, 296 So.3d 1107

Background

Defendant Edin O. Melgar (age ~38) was convicted by a jury of: (1) sexual battery of a juvenile under 13 (La. R.S. 14:43.1) and (2) indecent behavior with a juvenile under 13 (La. R.S. 14:81).
Victim G.E. (abuse began at age 9 and continued to age 11) was defendant's stepdaughter/child who called him “Poppi/Daddy”; abuse included digital penetration, attempts at penile penetration, threats to silence her, and solicitation of nude photos via text.
A second witness, J.C., testified that defendant repeatedly raped her as a child while he dated her mother, supporting the trial court’s finding of a predator pattern.
Trial court sentenced Melgar to 70 years at hard labor for sexual battery and 25 years at hard labor for indecent behavior, ordered to run concurrently and without the benefit of parole, probation, or suspension; lifetime sex‑offender registration was imposed.
Defendant appealed, arguing the sentences were constitutionally excessive and challenging denial of his motion to reconsider; the Fifth Circuit affirmed the sentences and remanded only to correct the uniform commitment order (UCO) to reflect concurrency.

Issues

Issue	Plaintiff's Argument (State)	Defendant's Argument (Melgar)	Held
Whether the concurrent 70‑year and 25‑year sentences are constitutionally excessive	Sentences are within statutory ranges and justified by repeated, long‑term abuse, exploitation of a position of trust, and evidence of propensity (second victim)	Sentences are effectively life, disproportionate given defendant's lack of prior convictions	Affirmed: sentences not grossly disproportionate; no abuse of discretion
Whether denial of motion to reconsider sentence was erroneous	Motion raised only excessiveness; appellate review limited to constitutional excessiveness — State supported court's sentencing discretion	Motion argued sentence excessive and requested reconsideration based on no priors	Affirmed: review limited to constitutional excessiveness; trial court did not abuse discretion
Whether there are patent errors (24‑hour sentencing delay waiver; UCO concurrency error)	Transcript shows defense counsel waived 24‑hour delay and court ordered concurrent sentences; transcript controls over UCO	Defense had objected to new trial denial but then said "ready for sentencing"; UCO did not reflect concurrency	Waiver of delay found; remand to correct UCO to show concurrent sentences; otherwise no corrective action required

Key Cases Cited

State v. Wilmot, 142 So.3d 141 (La. App. 5 Cir. 2014) (upholding near‑maximum sentence where offender exploited position of trust and abused child over years)
State v. Dixon, 254 So.3d 828 (La. App. 5 Cir. 2018) (near‑maximum sentences upheld where defendant exploited caregiving role and victimization was severe)
State v. Howard, 259 So.3d 583 (La. App. 5 Cir. 2018) (concurrent/ consecutive lengthy sentences upheld where defendant abused position of authority over children)
State v. Farrier, 162 So.3d 1233 (La. App. 4 Cir. 2015) (70‑plus year sentence affirmed for repeated abuse of a young child in the same household)
State v. D.D., 288 So.3d 808 (La. App. 4 Cir. 2019) (50‑year sentence affirmed for long‑term intrafamilial sexual abuse)
State v. Badeaux, 798 So.2d 234 (La. App. 5 Cir. 2001) (maximum sentences upheld where defendant lured and molested an 8‑year‑old, establishing trust and abusing it)
State v. Modisette, 207 So.3d 1108 (La. App. 2 Cir. 2016) (maximum sentence upheld given multiple victims and position of control/supervision)
State v. Kirsch, 836 So.2d 390 (La. App. 1 Cir. 2002) (near‑maximum sentence not excessive where defendant abused trust of family/neighborhood child)
State v. Penn, 633 So.2d 337 (La. App. 1 Cir. 1993) (maximum terms upheld where teacher exploited trust and repeatedly abused a 12‑year‑old)
State v. Armstrong, 701 So.2d 1350 (La. App. 2 Cir. 1997) (maximum sentence upheld where step‑grandfather repeatedly molested a child and had prior allegations)