54 So. 3d 98
La. Ct. App.2010Background
- Williams Jr. was convicted by jury in 2004 of aggravated rape of A.L. and sexual battery of B.B.
- Original 2004 sentences: life imprisonment on Count One and 10 years on Count Two, to run consecutively.
- On remand, the trial court resentenced in 2009 to life without parole on Count One and 10 years on Count Two, consecutive.
- This court previously remanded for rulings on a motion for new trial and resentencing issues; resentencing occurred on remand in 2009.
- On 2010 appeal, defendant argues (1) illegal sentence on Count One due to mis-stated offense and (2) constitutional excessiveness of consecutive sentences.
- Court affirms the sentences but remands for minute-entry correction and post-conviction notice requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Count One's sentence illegal due to mis-stated offense | Williams argues the judge sentenced aggravated battery instead of aggravated rape. | State argues misstatement was harmless and seeks correction of commitment. | Sentence not illegal; inadvertent error; corrected commitment only. |
| Are the consecutive sentences constitutionally excessive | Williams contends life plus 10 years payable beyond natural life or unenforceable consecutive terms; no reasons given for consecutiveness. | State asserts mandatory life on Count One; proper under law and consecutive under Article 883 given separate offenses/dates. | Not constitutionally excessive; no abuse of discretion; consecutive sentences upheld; remand for correction of errors patent. |
Key Cases Cited
- State v. Session, 902 So.2d 506 (La.App. 5 Cir. 2005) (ambiguity of mis-stated offense in sentencing can require remand)
- State v. Dorthey, 623 So.2d 1276 (La.1993) (prescribes review of mandatory minimums for excessiveness)
- State v. Lobato, 603 So.2d 739 (La.1992) (excessiveness framework balancing nature of crime, offender, and comparable sentences)
- State v. Fletcher, 845 So.2d 1213 (La.App. 5 Cir. 2003) (maximum sentences appropriate for serious offenses and vulnerable victims)
- State v. Jackson, 658 So.2d 722 (La.App. 2 Cir. 1995) (affirmed maximum 10-year sentence for sexual battery of a minor under similar facts)