State v. AbiodunState v. Abiodun
Office of Public Defender, Baton, Rouge, by Tim Screen, Asst. Public Defender, for defendant/appellant.
The defendant, Olayemi Issaq Abiodun, was arrested by East Baton Rouge Parish Sheriff‘s deputies and charged with fifty-seven counts of forgery and fifty-seven counts of misdemeanor theft resulting from his unauthorized use of stolen credit cards. In Bill of Information No. 6-86-849, the defendant was charged with two counts of forgery, in violation of
The following facts are derived from the preliminary examination and from the presentence investigation, which contain arrest and investigation reports. The defendant is a Nigerian student who attended Southern University in Baton Rouge, Louisiana. He also claims to have attended Louisiana State University, but this fact could not be verified. In the spring of 1986, the defendant was living in the Westminster Apartments, located on Jefferson Highway in Baton Rouge. In early 1986, a Mastercard and a Visa card were mailed to Rhonda Massel, who also lived in the Westminster Apartments, from First Bankcard Center in New Orleans, Louisiana. However, she never received these cards. Although it is not known how the defendant obtained these credit cards, it is certain that he used these cards over fifty times, mostly in the Jefferson-Drusilla area near his apartment. The defendant forged Rhonda Massel‘s signature on charge receipts to obtain gasoline, food, and merchandise. He was eventually arrested by the East Baton Rouge Sheriff‘s Department on fifty-seven counts of forgery and fifty-seven counts of misdemeanor theft by unauthorized use of an access card.
In this assignment of error, the defendant contends that the trial court erred in imposing an excessive sentence and in failing to comply with the sentencing guidelines of
Reviewing the article 894.1 guidelines, the sentencing record reflects that the trial court found many aggravating circumstances. Although the presentence investigation indicated that the defendant was classified as a first felony offender, the trial court noted that he had been in this country less than five years. The trial court also noted that the defendant had fourteen aliases, four social security numbers, and claimed four different dates of birth. Considering his conviction for the instant offenses, the trial court noted that the defendant had originally been arrested for fifty-seven counts of forgery and fifty-seven counts of misdemeanor theft by unauthorized use of an access card. According to the presentence investigation, the defendant‘s unauthorized charges on these credit cards totaled over $1,300.00. The trial court noted that the defendant had not made any restitution in this case. Considering all of the above, the trial court concluded that the defendant would be a poor probation risk and that any lesser sentence would deprecate the seriousness of these offenses.
The choice of sentences within the statutorily prescribed range lies within the sound discretion of the trial court. This discretion is subject only to the constitutional limitations on excessive sentences and should not be disturbed absent manifest abuse. State v. Burnette, 419 So.2d 835 (La.1982).
Generally, a sentence is considered excessive if it is grossly disproportionate to the severity of the crime or is nothing more than a needless imposition of pain and suffering. See State v. Barnes, 479 So.2d 624 (La.App. 1st Cir.1985). A sentence is considered grossly disproportionate if one‘s sense of justice is shocked when comparing the punishment in light of the harm done to society. See State v. Barnes, supra.
As originally charged, the defendant was exposed to a maximum sentence of twenty years at hard labor and a maximum fine of $10,000.00. See
The convictions and sentences are affirmed.
AFFIRMED.