73 So. 3d 440
La. Ct. App.2011Background
- Washington pled guilty to distribution of cocaine under La. R.S. 40:967(A) and received a 25-year hard labor sentence with the first two years without benefits.
- On May 18, 2010, Washington sold five rocks of cocaine worth $100 to an undercover agent in Minden, recorded on video and audio
- Plea negotiations: the state offered a plea bargain to avoid multi-billing, which Washington accepted on November 8, 2010; a presentence investigation followed
- PSR disclosed Washington's financial hardship, need to support a wife and child, and an extensive criminal history including 1982 armed robbery, 2007 cocaine distribution, and prior drug and battery offenses, with parole violation in June 2010
- Judge articulated consideration of La. C. Cr. P. art. 894.1 factors, found that any lesser sentence would deprecate the seriousness of the crime, and imposed 25 years with two years without benefits
- Washington moved to reconsider on January 14, 2011; the motion was denied January 25, 2011; Washington appealed challenging the sentence
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Excessiveness of 25-year sentence | Washington argues the single $100 crack sale is far less serious; 25 years is grossly disproportionate | State contends sentence falls within statutory guidelines and is supported by aggravating factors | No reversal; sentence not grossly disproportionate and within discretion within guidelines |
| Adequacy of 894.1 consideration | Washington claims court failed to adequately consider 894.1 factors including age and health | State contends court did consider 894.1 factors and articulated reasons for sentence | Court properly considered 894.1; any error claims are precluded or without merit |
Key Cases Cited
- State v. Marshall, 26 So.3d 168 (La.App. 2 Cir. 2009) (establishes standard for constitutional review of excessive sentences)
- State v. Smith, 839 So.2d 1 (La.1/14/03) (constitutional excessiveness framework under La. Const. Art. 1, § 20)
- State v. Dorthey, 623 So.2d 1276 (La. 1993) (abrogates purely punitive, non-rehabilitative sentencing)
- State v. Bonanno, 384 So.2d 355 (La.1980) (limits on excessive punishment considerations)
- State v. Weaver, 805 So.2d 166 (La.2002) (ratio of crime-to-punishment considering societal harm)
- State v. Lobato, 603 So.2d 739 (La.1992) (proportionality in sentencing and review standards)
- State v. Robinson, 948 So.2d 379 (La.App. 2 Cir. 2007) (appellate review of factual and legal sufficiency in sentencing)
- State v. Guzman, 769 So.2d 1158 (La.2000) (broad discretion to sentence within statutory limits)
- State v. June, 873 So.2d 939 (La.App. 2 Cir. 2004) (acknowledges Art. 894.1 considerations in sentencing)
- State v. Boudreaux, 966 So.2d 79 (La.App. 4 Cir. 2007) (maximum sentences reserved for most egregious violators)