106 So. 3d 1209
La. Ct. App.2012Background
- Hill pled guilty to two counts of distributing cocaine (La. R.S. 40:967(A)(1)) on June 5, 2009; distribution occurred in 2006 to an undercover officer.
- Pre-sentence investigation (PSI) and letters were reviewed; IPH treatment began May 20, 2009.
- Hill moved to continue sentencing because he was housed in a treatment facility; motion filed September 8, 2009 and denied.
- Sentencing occurred the day after the motion; two 20-year hard labor terms were imposed concurrent, with the first two years without parole, probation, or suspension.
- Hill filed an application for post-conviction relief seeking an out-of-time appeal on June 14, 2011; out-of-time appeal granted on September 29, 2011.
- Court affirmatively held the sentence and treatment-related continuance denial were not merits-errors; no errors patent found on review under La. C Cr P Art. 920.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the continuance denial was an abuse of discretion | Hill argues he should have been allowed to complete treatment | Hill contends denial prevented him from completing drug program | No abuse of discretion; denial affirmed |
| Whether the sentence is constitutionally excessive | Hill claims sentence is excessive under Eighth Amendment/La. Const. | Court complied with Article 894.1 and no grounds to reconsider | Not excessive; no manifest abuse of discretion |
Key Cases Cited
- State v. Lobato, 603 So.2d 739 (La.1992) (two-pronged review for excessiveness; Art. 894.1 compliance first)
- State v. Nguyen, 958 So.2d 61 (La.App. 5 Cir. 2007) (excessiveness review requires proportionality and punishment factors)
- State v. Lawson, 885 So.2d 618 (La.App. 5 Cir. 2004) (gross disproportionality standard for excessiveness)
- State v. Dorsey, 960 So.2d 1127 (La.App. 5 Cir. 2007) (abuse of sentencing discretion standard)
- State v. Pearson, 975 So.2d 646 (La.App. 5 Cir. 2007) (three-factor framework for reviewing sentence)
- State v. Staton, 922 So.2d 1216 (La.App. 3 Cir. 2006) (comparison to similar crimes in determining reasonableness)
- State v. Hunter, 59 So.3d 1270 (La.App. 5 Cir. 2011) (timeliness of motions to reconsider limits review to constitutional excessiveness)