State v. Williams, 224 So. 3d 1194

Defendant Farrell W. Williams, Jr. was charged with possession of heroin (La. R.S. 40:966(C)); convicted by jury and originally sentenced to 10 years at hard labor.
After conviction, the State filed a multiple-offender bill alleging Williams was a second felony offender based on a prior heroin-possession conviction; the court adjudicated him a second felony offender.
The district court vacated the original 10-year sentence and imposed the statutory maximum enhanced sentence of 20 years at hard labor without benefits; Williams appealed and challenged denial of his motion to reconsider and argued the enhanced sentence was constitutionally excessive.
Facts underlying conviction: undercover detectives observed behavior suggesting a drug transaction; following a stop of a red Chrysler Sebring (identified by an informant as Williams’ vehicle), Williams was arrested and three grams of heroin were found on his person.
The record shows plea offers: State offered a second-felon plea for a 12-year sentence (with concessions on other charges); Williams rejected and denied the multiple-offender bill at the hearing, losing the opportunity for a reduced 15-year stipulation and receiving 20 years after contesting the bill.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Denial of motion to reconsider sentence	State (plaintiff) asserts sentence is within statutory limits and properly imposed	Williams argued the court erred in denying his motion to reconsider the enhanced sentence	Court held denial was proper; review limited to constitutional excessiveness and sentence stands
Constitutional excessiveness of 20-year enhanced sentence	State argued sentence was not grossly disproportionate given offense, history, and comparable cases	Williams argued enhanced 20-year term shocks the sense of justice	Court held 20-year sentence (within statutory maximum) was not constitutionally excessive given nature of heroin offense, defendant’s history, and precedent; affirmed sentence

State v. Brown, 173 So.3d 1262 (La. App. 5 Cir.) (motion to reconsider limits review to excessiveness if specific grounds not stated)
State v. McGowan, 199 So.3d 1156 (La. App. 5 Cir.) (standards for Eighth Amendment/Article I § 20 excessiveness review)
State v. Hill, 106 So.3d 1209 (La. App. 5 Cir.) (definition of "grossly disproportionate" and factors for review)
State v. Thompson, 842 So.2d 330 (La.) (upholding 20-year enhanced sentence for second felony offender with heroin convictions)
State v. Oliveaux, 312 So.2d 337 (La.) (errors-patent review authority)
State v. Weiland, 556 So.2d 175 (La. App. 5 Cir.) (errors-patent review authority)