State v. Oliphant, 2012 La. App. LEXIS 360

Defendant Oliphant pled guilty to vehicular homicide under a plea agreement that the hit-and-run charge would be dismissed.
District court sentenced Oliphant to 25 years at hard labor, with 15 years without parole, probation, or suspension; a $10,000 fine or one year in jail on default; and mandatory programs.
The court designated vehicular homicide as a crime of violence under LSA-R.S. 14:2 and 14:2(B), which was later challenged on appeal.
Oliphant’s BAC was .247% at arrest; he initially denied drinking and performed poorly on a field sobriety test.
On appeal, the court vacated the designation of vehicular homicide as a crime of violence and remanded for resentencing not to exceed 15 years.
The sentence and fine were vacated; the case remanded with instructions to impose a maximum of 15 years at hard labor.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether vehicular homicide is a crime of violence	State argues vehicular homicide fits 14:2(B).	Oliphant contends it is not enumerated and need not qualify as violence.	Vehicular homicide is not a crime of violence.
Whether the 25-year sentence and $10,000 fine are constitutionally excessive	State contends sentence appropriately reflects severity and culpability.	Oliphant asserts the sentence is excessive given lack of prior record and remorse.	Sentence deemed constitutionally excessive; vacated and remanded for resentencing not exceeding 15 years.
Whether Art. 894.1 sentencing factors were properly considered	State argues the court weighed aggravating and mitigating factors correctly.	Oliphant claims improper weighting or failure to consider certain factors.	Record reflects adequate consideration of Art. 894.1 factors; no reversible error found.

State v. Smith, 47 So.3d 553 (La. App. 2d Cir. 2010) (statutory construction of crime-of-violence list)
State v. Hinton, 6 So.3d 242 (La. App. 1st Cir. 2009) (strict construction of crime-of-violence and enumerated list)
State v. Fontenot, 934 So.2d 935 (La. App. 3d Cir. 2006) (crimes of violence defined; illustrative list)
State v. Lanclos, 419 So.2d 475 (La. 1982) (sentencing articulation not mechanical; Art. 894.1 guidance)
State v. Swayzer, 989 So.2d 267 (La. App. 2d Cir. 2008) (Art. 894.1 factors and weighing considerations)
State v. Shumaker, 964 So.2d 351 (La. App. 2d Cir. 2006) (Art. 894.1 factual basis articulation)
State v. Pamilton, 979 So.2d 648 (La. App. 2d Cir. 2008) (admissible use of prior reports/hearsay at sentencing)
State v. Myles, 638 So.2d 218 (La. 1994) (role of evidence in sentencing decisions)
State v. Cozzetto, 974 So.2d 665 (La. 2008) (maximum sentences reserved for worst offenders)
State v. McKinney, 976 So.2d 802 (La. App. 2d Cir. 2008) (deference to trial court sentencing discretion)