State of Louisiana Versus Roy R. Dixon, 289 So.3d 170

Roy R. Dixon was convicted by a jury of: (1) production of child pornography involving a juvenile under 13, and (2–3) two counts of sexual battery on a juvenile under 13. He initially received 20 years on count one and 99 years on counts two and three (concurrent).
This Court vacated the 99‑year sexual‑battery sentences as constitutionally excessive and found the 20‑year sentence on count one illegally lenient; the matter was remanded for resentencing with suggested ranges of 35–40 years per count.
At resentencing the trial court imposed concurrent 80‑year hard labor terms on each count (with at least 25 years without benefits); defendant objected and appealed, arguing excessiveness.
Facts: Dixon, then 21, was babysitting his two‑year‑old sister, recorded and sent videos/photos of sexual acts (including digital stimulation and ejaculation) to an online contact, and confessed to taking and sending the media; law enforcement recovered multiple videos from his phone and laptop.
The trial court emphasized Dixon’s exploitation of a position of trust, the disturbing content (including the child trying to crawl away), concern he would reoffend, and reduced the sentence from the statutory maximum before imposing 80 years.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether concurrent 80‑year sentences are constitutionally excessive	Sentences are appropriate to protect the public given extreme betrayal of trust, the young victim, and the disturbing production/distribution of child porn	Sentences are excessive: defendant not the worst offender, no physical injury, limited distribution, no prior felony record, prior panel recommended 35–40 years	Affirmed: 80‑year concurrent sentences are not unconstitutionally excessive; no manifest abuse of discretion

State v. Williams, 893 So.2d 7 (La. 2004) (trial court has broad sentencing discretion; appellate review limited to abuse of discretion)
State v. Soraparu, 703 So.2d 608 (La. 1997) (appellate review focuses on abuse of sentencing discretion)
State v. Sepulvado, 367 So.2d 762 (La. 1979) (sentences within statutory limits may nonetheless be excessive)
State v. Pearson, 975 So.2d 646 (La. App. 5 Cir. 2007) (appellate court should not set aside sentence if record supports it)
State v. Wilmot, 142 So.3d 141 (La. App. 5 Cir. 2014) (near‑maximum sentences may be warranted where defendant exploits position of trust)
State v. Badeaux, 798 So.2d 234 (La. App. 5 Cir. 2001) (position‑of‑trust aggravation relevant to severe sentencing in sex‑offense cases)
State v. Murphy, 206 So.3d 219 (La. App. 1 Cir. 2016) (affirmed very long sentence for production of child pornography where defendant had prior conviction and extensive exploitation)