State v. Horne
88 So. 3d 562
La. Ct. App.2012Background
- Horne was convicted by a 12-person jury of armed robbery and possession of a firearm by a convicted felon; counts two and three were acquitted.
- The trial court originally sentenced Horne to 30 years for armed robbery and 10 years for felon in possession, to be served concurrently.
- The court later vacated the armed robbery sentence and imposed a 66-year habitual offender sentence, with concurrent terms.
- A habitual offender information alleged Horne was a third felony offender; defense waived reading of the bill but reserved discovery rights.
- The court found Horne to be a third felony offender after a hearing and sentenced him to 66 years; the court ordered the sentences to run concurrent.
- On appeal, the convictions and habitual offender finding were challenged as constitutionally excessive; the matter included several ‘errors patent’ issues and remand for minute-entry corrections.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is 66-year habitual offender sentence constitutionally excessive? | Horne argues excessive; requests Dorthey review for non-tailored minimum. | State contends within statutory range; no meaningful tailoring issues; not excessive. | Not excessive; affirmed. |
| Was Dorthey relief preserveable/appropriate for excessiveness review? | Horne invokes Dorthey for downward departure from minimum. | Dorthey claims not preserved; still reviewable for excessiveness under law. | Dorthey review applicable; excessiveness preserved for appeal. |
| Do errors patent require corrective action in minute entries/commitments? | Certain terminology and advisements were mis-stated in minutes. | Transcript controls; some errors do not require remand or correction. | Some errors require corrective action; others do not. |
| Whether the sentencing minute entries correctly reflect vacation of prior sentence and other terms? | Minute entry failed to reflect vacating original sentence. | Transcript shows vacatur; minutes should align with transcript. | Remand for minute-entry corrections to reflect vacatur and accurate terms. |
Key Cases Cited
- State v. Dorthey, 623 So.2d 1276 (La.1993) (mandatory-minimum review when tailored punishment is grossly disproportionate)
- State v. Mims, 806 So.2d 760 (La.2003) (presumption of constitutionality for habitual-offender minimums; departure requires clear proof)
- State v. Lindsey, 770 So.2d 339 (La.2001) (exceptional circumstances required to rebut presumption of constitutionality)
- State v. Otero, 31 So.3d 1125 (La.App. 5 Cir. 2010) (66-year sentence upheld for third-offender armed robbery under habitual-offender law)
- State v. Williams, 800 So.2d 790 (La.2001) (sentencing statutes and self-activating prohibition on parole; comparison with 15:529.1)