State v. BridgesState v. Bridges
The appellant, Jonnie Lee Bridges, was indicted for conspiracy to commit second degree murder in violation of
After losing his elected post of sheriff for the parish of East Carroll, appellant and one of his deputies, Jackie L. Travis, solicited and conspired with a third party, Jesse James Caston, to murder the newly elected sheriff, Dale Rinnicker. The object of the conspiracy was to preserve appellant‘s position as sheriff for the parish of East Carroll.
Caston apparently went along with and took part in the conspiracy, but on the day set for the murder he revealed the entire plot to his employer who notified the state police. Caston agreed to cooperate with the state police in an attempt to thwart the efforts of appellant.
The details of appellant‘s plot entailed a deputy carrying Caston to the home of Rinnicker where Caston was to shoot the sheriff-elect and then return to an agreed upon rendezvous where he would be picked up by the deputy. Appellant agreed to supply an alibi for the deputy and Caston. Appellant instructed Caston to use a shotgun because a rifle bullet could easily be traced.
The deputy carried Caston to the Rinnicker residence and Caston went into the yard and fired a shotgun into the air. Caston then went to the agreed upon rendezvous where the deputy picked him up. As they sped away from the scene, they were stopped by the state police.
Appellant pled guilty to conspiracy to commit second degree murder and was sentenced to ten years at hard labor.
The presentence investigation report compiled at the direction of the trial judge indicates this offense to be appellant‘s first. Appellant served in the army for two years and received an honorable discharge in 1954. He has worked in law enforcement since 1964. Appellant is married, has two sons and is an active member of the Corbin Ferry Baptist Church. He has been working part-time as a farm laborer since his arrest and conviction.
Appellant contends the trial judge erred in imposing an excessive sentence and in failing to comply with the sentencing
The sentencing judge is given wide discretion in imposing a sentence within the statutory limits and such a sentence should not be set aside as excessive in the absence of a manifest abuse of discretion by the sentencing judge. State v. Hammonds, 434 So.2d 452 (La.App. 2d Cir.1983), writ den., 439 So.2d 1074 (1983); State v. Brooks, 431 So.2d 865 (La.App. 2d Cir. 1983); State v. Square, 433 So.2d 104 (La. 1983).
A sentence is excessive in violation of
The sentencing guidelines of
In the instant case, the record reflects the trial judge‘s compliance with the sentencing guidelines under
Appellant contends his sentence is excessive in light of his age and the fact that a co-defendant received a sentence of five years. The sentencing judge is not required to treat co-defendants equally. St. v. Rogers, 405 So.2d 829 (La.1981); St. v. McLeland, 456 So.2d 633 (La.App. 2d Cir.1984). The disparity of sentences between co-defendants is only a factor to be considered along with all other appropriate considerations in evaluating a contention that a sentence is excessive. State v. Quimby, 419 So.2d 951 (La.1982).
After Jackie L. Travis, appellant‘s co-conspirator, had been found guilty by jury trial, he agreed to testify at appellant‘s trial in exchange for a recommendation from the district attorney that Travis be given a five year sentence. Pursuant to this recommendation of the district attorney the trial judge imposed upon Travis a five year sentence. The trial judge in a per curiam filed in this court stated that but for this agreement he would have given Travis and appellant identical sentences. Appellant‘s sentence is only one-third of the maximum for conspiracy to commit second degree murder. The sentence is not out of proportion to the severity of the offense nor is it a purposless imposition of pain and suffering. The sentence is not excessive.
The sentence appealed is affirmed.