State v. Howard, 259 So. 3d 583

Background

Defendant Billy Joe Howard was convicted by a jury of (1) indecent behavior with a juvenile (victim M.B., age 11 at time) and (2) sexual battery on a juvenile (victim L.B., age 7–9 depending on incident). He was tried October 3, 2017; convictions returned on both counts.
Sentences imposed October 12, 2017: 20 years at hard labor (Count 1) and 40 years at hard labor (Count 2), ordered to run consecutively, without benefit of parole, probation, or suspension of sentence. Defendant objected and timely appealed.
Facts: Count 1 involved defendant pinning M.B. on a couch, groping her under her shirt, and attempting to insert an object in her underwear; Count 2 involved defendant kissing and touching L.B.’s genital area in the home. Forensic interviews, medical exams, and child-abuse experts supported the victims’ accounts.
Defendant denied the substantive allegations at trial, testified in his own defense, and had evidence of other sexual allegations presented (pending charge involving a niece) which the trial court admitted under La. C.E. art. 404(B).
The trial court explained sentencing on the record, citing defendant’s risk of reoffense, victims’ vulnerability, trauma to victims/families, and the separate dates/victims as bases for consecutive sentences.
On appellate review the court affirmed convictions and sentences but remanded for correction of the uniform commitment order (offense-date ranges were recorded incorrectly).

Issues

Issue	Plaintiff's Argument (State)	Defendant's Argument	Held
Whether consecutive sentences were proper	Offenses involved two separate victims on separate dates; consecutive sentences permissible under La. C.Cr.P. art. 883	Consecutive sentences are excessive and disproportionate	Court held consecutive sentences permissible and not an abuse of discretion (affirmed)
Whether total sentences (20 yrs + 40 yrs w/out benefits) are unconstitutionally excessive	Sentences are within statutory ranges, individualized, consider victim impact and risk of reoffense; not excessive	Sentences are disproportionate, not the most heinous or violent acts, minimal criminal history, victims not deeply affected	Court found sentences (below statutory maximums) not grossly disproportionate and did not shock the sense of justice (affirmed)
Whether trial court properly considered defendant’s background and other conduct	Trial court may consider prior arrests/uncharged offenses and risk factors	Argues lack of violent record and limited criminal history makes sentence excessive	Court held trial court acted within broad sentencing discretion and could consider prior uncharged allegations; no abuse found
Whether error patent exists in record	N/A (appellate review)	N/A	Court found the UCO listed incorrect offense dates and remanded to correct the UCO

Key Cases Cited

State v. Nguyen, 958 So.2d 61 (La. App. 5 Cir. 2007) (standard for reviewing excessiveness under Eighth Amendment and state constitution)
State v. Taylor, 956 So.2d 25 (La. App. 5 Cir. 2007) (sentencing review principles)
State v. Allen, 868 So.2d 877 (La. App. 5 Cir. 2004) (factors considered in sentencing review)
State v. Tracy, 831 So.2d 503 (La. App. 5 Cir. 2002) (discretion at sentencing; no required weight for particular matters)
State v. Mason, 59 So.3d 419 (La. App. 5 Cir. 2011) (trial court may consider prior arrests/uncharged acts)
State v. Dorsey, 960 So.2d 1127 (La. App. 5 Cir. 2007) (appellate standard for manifest abuse of sentencing discretion)
State v. Pearson, 975 So.2d 646 (La. App. 5 Cir. 2007) (appellate deference when record supports sentence)
State v. Badeaux, 798 So.2d 234 (La. App. 5 Cir. 2001) (near-maximum sentences not necessarily excessive where defendant exploited position of trust)
State v. Modisette, 207 So.3d 1108 (La. App. 2 Cir. 2016) (upholding long sentence for indecent behavior with juvenile)
State v. Sanders, 151 So.3d 160 (La. App. 2 Cir. 2014) (25-year sentence for indecent behavior with juvenile upheld)
State v. Lilly, 111 So.3d 45 (La. App. 1 Cir. 2012) (35-year sentence for sexual battery of young child upheld)
State v. Greenberry, 154 So.3d 700 (La. App. 4 Cir. 2014) (45-year sentence for sexual battery of ten-year-old upheld)
State v. Hubb, 700 So.2d 1103 (La. App. 5 Cir. 1997) (supporting precedent for severe sentences in child sexual abuse cases)
State v. Oliveaux, 312 So.2d 337 (La. 1975) (errors patent review authority)
State v. Weiland, 556 So.2d 175 (La. App. 5 Cir. 1990) (errors patent review authority)