State v. Casimer, 113 So. 3d 1129

Casimer, a Jefferson Parish Sheriff’s Deputy, appeals his sentences for forcible rape and second degree kidnapping.
He argues the sentences are excessive, that the trial court failed to comply with La.C.Cr.P. art. 894.1, and that his counsel was ineffective for not filing a motion to reconsider.
Defendant was convicted after a jury trial conducted October 2011; he was sentenced March 8, 2012 to ten years on each count, to run concurrently, with two years without benefits.
A presentence investigation (PSI) recommended up to eighty years, but the court imposed low-range ten-year terms.
The victim testified she was stopped by Casimer during a traffic stop, then forced to perform oral sex while he was in uniform and armed.
The court conducted an errors-patent review and affirmed the sentences, holding the lack of a motion to reconsider did not compel reversal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Are the sentences constitutionally excessive?	Casimer argues lack of criminal history and PSI guidance justify minimum terms.	Casimer contends the ten-year terms are excessive given circumstances and lack of prior history.	Not excessive; within discretion given nature of offenses and officer status.
Did the trial court comply with La.C.Cr.P. art. 894.1 sentencing mandates?	State contends Art. 894.1 was considered but not all grounds articulated.	Casimer asserts non-compliance with 894.1 requirements.	Non-requirement for remand; substantial compliance shown; no reversible error.
Did counsel’s failure to file a motion to reconsider sentence prejudice Casimer?	State maintains ineffective assistance claim is unripe on direct appeal.	Counsel failed to file motion to reconsider, depriving appellate review.	No ineffective assistance; record supports sentence and failure did not prejudice.

State v. Greer, 553 So.2d 892 (La.App. 4 Cir. 1989) (first-time offender forcible rape up to 40 years; extreme facts)
State v. Smith, 430 So.2d 31 (La. 1983) (long rape sentence upheld given victim harm and defendant’s conduct)
State v. Meche, 664 So.2d 828 (La.App. 3 Cir. 1995) (coordinated kidnapping/rape sentences; middle-range consideration)
State v. Mathieu, 960 So.2d 296 (La.App. 5 Cir. 2007) (thirty-year second degree kidnapping conviction upheld for first-time offender)
State v. Washington, 670 So.2d 1255 (La.App. 5 Cir. 1996) (forty-year second degree kidnapping sentence not excessive)
State v. Hawkins, 740 So.2d 768 (La.App. 5 Cir. 1999) (thirty-year second degree kidnapping not excessive despite lack of prior history)
State v. Sanders, 734 So.2d 1276 (La.App. 5 Cir. 1999) (reaffirms that non-mandated articulation of 894.1 grounds not reversible error)
State v. Armstead, 980 So.2d 20 (La.App. 5 Cir. 2008) (ineffective assistance/regarding sentencing review; discretionary review preserved)
State v. Fisher, 852 So.2d 1075 (La.App. 5 Cir. 2003) (noting that appellate review for excessiveness occurs even without objection)