State v. Payne, 262 So. 3d 498

On July 7, 2014, after a domestic dispute at the Paynes' home, Dr. Jennifer Payne fled to neighbors (the Careys); Michael G. Payne was arrested shortly thereafter.
Charges: two counts of aggravated assault with a firearm (pointing an SKS rifle at Dr. Payne and Edward Carey) and one count of second-degree battery (injuries to Dr. Payne).
Jury (Sept. 2017) convicted Payne of aggravated assault with a firearm (as charged) as to Carey; convicted him of simple assault (responsive verdict) as to Dr. Payne; and convicted him of simple battery (responsive verdict) for injuries to Dr. Payne.
Sentencing (Oct. 2017): ten years hard labor for aggravated assault with a firearm (all but 18 months suspended) plus five years active supervised probation; concurrent misdemeanor sentences (90 days for simple assault; 6 months for simple battery) with credit for time served.
Payne appealed, arguing insufficiency of the evidence and that sentences were excessive. The appellate court affirmed convictions and sentences and noted a clerical correction to reflect the 90‑day simple assault sentence in the minutes.

Issue	State's Argument	Payne's Argument	Held
Sufficiency of the evidence for convictions (aggravated assault with a firearm; simple assault; simple battery)	Witness testimony (Dr. Payne, Mr. Carey, police, ER physician) proved battery and that Carey and Dr. Payne were placed in reasonable apprehension by Payne’s conduct and the displayed SKS rifle.	Defendant claimed a different account: he acted to protect himself, denied using the rifle or making threats, and said injuries were accidental or exaggerated.	Affirmed. Viewing evidence in light most favorable to prosecution, a rational juror could find elements proven beyond a reasonable doubt; jury credited State’s witnesses over Payne.
Excessiveness of sentence (10-year statutory max; 18 months to serve; concurrent misdemeanors)	Trial court considered La. C.Cr.P. art. 894.1 factors, found significant aggravation (risk of death to multiple people, terrifying threats, dangerous rifle) and limited mitigation; tailored sentence (max suspended to 18 months + probation; special conditions).	Payne asserted he was a least‑egregious offender, had no violent history, military service, counseling, good conduct on bond, and that full suspension or a lesser term was appropriate; argued aggregate misdemeanor terms violated La. C.Cr.P. art. 493.1.	Affirmed. Court found sentencing factors adequately considered, no abuse of discretion, and sentences not grossly disproportionate; concurrent misdemeanor terms lawful and felony sentence proper.

Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for appellate review of sufficiency of evidence)
State v. Lanclos, 419 So.2d 475 (La. 1982) (articulation requirement for sentencing under La. C.Cr.P. art. 894.1)
State v. Dorthey, 623 So.2d 1276 (La. 1993) (constitutional prohibition on excessive sentences)