78 So. 3d 805
La. Ct. App.2011Background
- Defendant Joshua Shipp pled guilty to felony theft under LSA-R.S. 14:67 as part of a plea agreement in which other charges were dismissed.
- He was sentenced to seven years at hard labor, with six years suspended, and five years of supervised probation with special conditions.
- Probation conditions included payment of $11,500 restitution to the victim and prohibition of any contact with the victim or her family.
- The underlying offense occurred in September 2010 when Shipp cut a hole in his grandmother’s convertible, stealing jewelry and other items valued around $11,000.
- The district court noted Shipp’s juvenile history, his age (19 at the time), schooling status, employment, and being a father, but emphasized victim economic loss and the seriousness of the conduct.
- Shipp challenged the sentence as excessive; the appellate court affirmed, finding the sentence within statutory limits and not constitutionally excessive.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence is excessive under Article 894.1. | Shipp argues a lesser sentence is appropriate given his age and status as a first felony offender. | Shipp contends the sentence is disproportionate and punitive beyond the offense. | Sentence upheld; not grossly disproportionate and within trial court's discretion. |
Key Cases Cited
- State v. Smith, 433 So.2d 688 (La. 1983) (requires consideration of Article 894.1 guidelines)
- State v. Dillard, 55 So.3d 56 (La. App.2 Cir. 2010) (articulates factors for review of sentence)
- State v. Jones, 398 So.2d 1049 (La. 1981) (lists important elements for sentencing review)
- State v. Dorthey, 623 So.2d 1276 (La. 1993) (proportionality standard for sentencing)
- State v. Black, 669 So.2d 667 (La. App.2 Cir. 1996) (discretion in within-range sentencing)