103 So. 3d 477
La. Ct. App.2012Background
- Hough pleaded guilty to the responsive charge of attempted aggravated rape as part of a plea agreement after originally being charged with aggravated rape.
- The state dismissed charges for molestation of a juvenile and pornography involving juveniles.
- The court accepted the plea and ordered a presentence investigation.
- At sentencing, the court noted the substantial plea-bargain benefits and described the horrific conduct admitted by Hough.
- Hough was sentenced to 45 years at hard labor without benefits, despite the completed offense carrying a life sentence under the statute.
- The judgment did not include proper sex offender notification, triggering remand for written notice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence is excessive under Article 1, Section 20. | State argues sentence within discretion given plea benefits. | Hough argues factors like health, marital status, and rehabilitation were not adequately weighed. | No manifest abuse; sentence not excessive within discretion. |
| Whether the trial court properly informed Hough of sex offender registration requirements. | State alleges required notification was omitted. | Hough asserts lack of written notice violated statute. | Remand for proper written sex offender notification and minute entry. |
Key Cases Cited
- State v. Smith, 433 So.2d 688 (La.1983) (guidelines under Article 894.1 considered for sentencing)
- State v. Lanclos, 419 So.2d 475 (La.1982) (adequacy of factual basis for sentence even if not fully compliant with Article 894.1)
- State v. Swayzer, 989 So.2d 267 (La.App.2d Cir.) (sentencing considerations under Art. 894.1)
- State v. Dorthey, 623 So.2d 1276 (La.1993) (proportionality review for gross disparity)
- State v. Guzman, 769 So.2d 1158 (La.2000) (abuse of discretion in sentencing absent manifest error)
- State v. Drake, 71 So.3d 452 (La.App.2d Cir.2011) (remand for proper sex offender notification)
- State v. Lingefelt, 865 So.2d 280 (La.App.2d Cir.2004) (consideration of factors in Art. 894.1)
