185 So. 3d 852
La. Ct. App.2016Background
- In May 2013 defendant Alonzo T. Washington, a passenger in a vehicle, fired into a group during a drive-by; two people were hit and 20-year-old Devonta English died. An eyewitness identified Washington as the shooter.
- Washington was originally indicted for first-degree murder; the district attorney reduced the charge to second-degree murder and also charged aggravated battery for the surviving victim.
- On the day of trial Washington pleaded guilty to manslaughter pursuant to a plea agreement: no sentence was agreed to, a PSI was ordered, and the aggravated-battery count was dismissed.
- At sentencing the court imposed 39 years at hard labor (one year below the 40-year statutory maximum for manslaughter). The court considered the PSI, victim impact (family requested maximum), and lack of remorse.
- Washington moved to reconsider; the motion was denied and he appealed, arguing the sentence was excessive given his youth, first-felony status, and mitigating background (education, work history, attempted military enlistment).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 39-year sentence for manslaughter is constitutionally excessive | State: sentence within statutory limits, court properly considered art. 894.1 factors and plea benefit; crime was serious (drive-by shooter causing death and injury) | Washington: sentence excessive because he was 20, a first felony offender, had mitigating personal history and the shooting arose from a group dispute | Court affirmed: trial court complied with La. C. Cr. P. art. 894.1, did not abuse discretion, and 39-year sentence (within statutory maximum) was not grossly disproportionate |
Key Cases Cited
- State v. Smith, 433 So.2d 688 (La. 1983) (articulation requirement of La. C. Cr. P. art. 894.1—focus on factual basis, not rigid recitation)
- State v. Dorthey, 623 So.2d 1276 (La. 1993) (sentences are excessive if grossly disproportionate or a purposeless infliction of pain)
- State v. Weaver, 805 So.2d 166 (La. 2002) (gross disproportionality standard when viewing crime and punishment in light of societal harm)
- State v. Williams, 893 So.2d 7 (La. 2004) (trial court has wide discretion within statutory limits; appellate review is for abuse of that discretion)