130 So. 3d 993
La. Ct. App.2014Background
- Jackson pled guilty to attempted first degree robbery (15 years) and second degree robbery (20 years), to be served concurrently.
- The bank robbery occurred July 13, 2012; Jackson attempted to rob Regions Bank and injured Ms. Silvertooth during a purse snatch.
- Ms. Silvertooth testified to the injuries and Jackson’s threats; witnesses described the assault and theft.
- At sentencing, the court rescinded a pre-sentence investigation order and used a criminal history report instead.
- The court considered Jackson’s extensive history, and ultimately sentenced him within the statutory ranges with concurrent terms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentences are excessive under Art. 894.1. | Jackson argues the sentences are excessive. | Jackson contends the court erred in weighing factors; court overstates culpability. | No abuse; sentences within court's discretion. |
| Whether rescinding PSI and using a criminal history report was permissible. | Jackson alleges prejudice from canceling the PSI. | The report aided, not violated, sentencing; proper under law. | Proper; no prejudice shown. |
| Whether the court properly weighed mitigating and aggravating factors under 894.1. | Mitigating factors were understated; more should have reduced sentence. | Court adequately weighed factors and considered serious violence. | Court complied with 894.1; factors properly weighed. |
| Whether concurrent sentencing was an abuse of discretion versus potential consecutive sentencing. | Consecutive sentences could better reflect offenses. | Concurrent terms were within trial court's discretion. | No abuse; concurrent sentence affirmed. |
Key Cases Cited
- State v. Elmore, 80 So.3d 731 (La. App. 2d Cir. 2012) (guideposts for Art. 894.1 analysis and weighting factors)
- State v. Jones, 754 So.2d 392 (La. App. 2d Cir. 2000) (no rigid weighting; consider personal history and seriousness)
- State v. Haley, 873 So.2d 747 (La. App. 2d Cir. 2004) (permissible review of prior criminal history)
- State v. Williams, 893 So.2d 7 (La. 2004) (scope of appellate review of sentencing discretion)
- State v. Weaver, 805 So.2d 166 (La. 2002) (gross disproportionality standard for stare at constitutional limits)