State v. Colvin, 85 So. 3d 663

Respondent Colvin, a former Alabama state representative, pled guilty to six counts of felony theft in Louisiana for construction fraud post-Hurricane Katrina.
He held himself out as a licensed Louisiana contractor (Colvin Modular Homes, LLC) but was not registered or licensed per Louisiana home improvement contracting statutes.
Contracts exceeded $100,000 each; homeowners paid large sums but received little or no work, with substantial down payments.
A sentencing hearing occurred February 12, 2010, where victims testified about losses; defense urged probation and restitution instead of lengthy imprisonment.
Trial court imposed consecutive 10-year terms on each count, totaling 60 years at hard labor; Fourth Circuit later vacated and remanded for resentencing.
Supreme Court of Louisiana granted review and reinstated the trial court’s sentences, finding no abuse of discretion after considering multiple factors.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the appellate review of sentencing was properly preserved	State contends preservation was sufficient via pre-sentencing memorandum.	Colvin argues insufficient preservation due to lack of timely objecting to sentence on appeal.	Appellate review preserved; no abuse of discretion identified.
whether consecutive sentences were warranted for a first offender	State argues exceptional risk and pattern of predatory conduct justify consecutive terms.	Colvin argues concurrent sentences would be sufficient absent unusually dangerous conduct.	No abuse of broad sentencing discretion; consecutive terms affirmed.
whether the trial court properly accounted for mitigating factors and restitution	State emphasizes harm to victims and lack of genuine remorse supports severe sentence.	Colvin claims mitigation and restitution efforts require leniency.	Trial court properly weighed factors; no reversal of sentences.

State v. Humphrey, 445 So. 2d 1155 (La. 1984) (limits on appellate sentencing review; abuse of discretion standard)
State v. Taves, 861 So. 2d 144 (La. 2003) (sentencing review principles on appeal)
State v. Soraparu, 703 So.2d 608 (La. 1997) (extensive discussion of proportionality in punishment)
State v. Bonanno, 384 So.2d 355 (La. 1980) (proportionality and shock to sense of justice in sentencing)
State v. Quebedeaux, 424 So.2d 1009 (La. 1982) (maximum sentences reserved for the most serious violations)
State v. Myles, 638 So.2d 218 (La. 1994) (admissibility of information in sentencing context)
State v. Jacobs, 383 So.2d 342 (La. 1980) (concurrent vs. consecutive sentencing guidance)
State v. Mims, 619 So.2d 1059 (La. 1993) (procedural default and preservation in sentencing appeal)
Williams v. New York, 337 U.S. 241 (U.S. 1949) (use of informally gathered sentencing information)