86 So. 3d 29
La. Ct. App.2012Background
- Tina Free pled guilty to forgery under La. R.S. 14:72 pursuant to a plea agreement and was sentenced to seven years’ imprisonment at hard labor, consecutive to any other sentence.
- Between February and June 2009, Free stole several of Harland Payne’s checks in Webster Parish, forged them, and either cashed them or had others cash them, netting about $1,238.
- Free was charged with monetary instrument abuse under La. R.S. 14:72.2 but pled guilty to forgery (14:72) under the plea agreement.
- At sentencing (Nov. 29, 2010), the trial judge noted the offense facts and Payne’s 75-year-old status, along with Free’s extensive criminal history and misclassification as a third felony offender.
- Free actually had seven prior felony convictions and was on probation for illegal possession of stolen things at the time of the offense.
- The trial court imposed a seven-year sentence at hard labor, to run consecutively; a motion to reconsider was denied, and Free timely appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence is excessive under Art. 894.1 | Free contends the seven-year term is excessive. | Free argues the record fails to show proper consideration of aggravating/mitigating factors as required by Art. 894.1. | Not excessive; sentence upheld. |
Key Cases Cited
- State v. Williams, 893 So.2d 7 (La. 2004) (appellate review of sentencing within statutory discretion)
- State v. McCall, 852 So.2d 1162 (La. App. 2 Cir. 2003) (abuse of discretion standard for sentencing)
- State v. Smith, 483 So.2d 688 (La. 1983) (art. 894.1 considerations and purpose of sentencing)
- State v. Dunn, 715 So.2d 641 (La. App. 2 Cir. 1998) (requires adequate articulation of factors under 894.1)
- State v. Lanclos, 419 So.2d 475 (La. 1982) (sufficient factual basis supports sentence even with imperfect 894.1 compliance)
- State v. Jones, 754 So.2d 392 (La. App. 2 Cir. 2000) (no rigid weighting of aggravating/mitigating factors required)
- State v. Haley, 873 So.2d 747 (La. App. 2 Cir. 2004) (art. 894.1 factors considered in sentencing)