State v. HubbState v. Hubb
Defendants, Charles Hubbs and Louis Mutart, pled guilty to the crime of sexual battery on T.B., a juvenile girl, in violation of
On September 3, 1996, the Jefferson Parish District Attorney filed a five count bill of information jointly charging Hubbs and Mutart with committing sexual offenses against two juvenile victims, T.B. and T.M. Count one of the bill of information charged both defendants with committing a sexual battery on T.B. Count two charged Hubbs with committing a sexual battery on T.M. Count three charged Hubbs with committing a sexual battery on T.B. Count four charged both defendants with indecent behavior with T.M. in violation of
Because defendants both entered guilty pleas, there was no trial in this matter. Therefore, the following factual statement is based on the bill of information, the presentence investigation reports and hearings held by the trial court.
Defendants, who are brothers, lived in the home of the victims in Harahan, Louisiana. On August 5, 1996, the victims’ mother told Harahan police officers that both defendants had sexually molested her daughters, T.B., age ten, and T.M., age eleven.
T.B. told the officers that on August 2, 1996 and on numerous other occasions Hubbs came into her bedroom and fingered her vagina. T.B. related that on three or four occasions, while riding in the car with him, Charles Hubbs had exposed his penis and forced her to masturbate him. She stated that both Hubbs and Mutart “french kissed” her nightly and occasionally showed her photographs of nude women.
On appeal, defendants assert that their sentences are excessive. They further ask for a patent error review.
Defendants first contend that the trial court erred in imposing unconstitutionally excessive sentences.
Both the United States and Louisiana constitutions prohibit the imposition of excessive or cruel punishment.
In reviewing a sentence for excessiveness, the court of appeal must consider the punishment in light of the harm to society and gauge whether the penalty is so disproportionate as to shock its sense of justice. State v. Daigle, 688 So.2d at 159; State v. Jackson, 597 So.2d 1188, 1189 (La.App. 5 Cir.1992). The trial judge is afforded wide discretion in determining a sentence, and if the record supports the sentence imposed, the court of appeal will not set aside a sentence for excessiveness. State v. Daigle, 688 So.2d at 159;
In this case, defendants pled guilty to committing a sexual battery on a ten year old girl. As part of the plea agreement, the district attorney dismissed the other four counts. On January 8, 1997, the trial judge conducted an extensive sentencing hearing, wherein the mother of the victims testified. Additionally, both defendants were allowed to give statements and present witnesses. At the hearing, the victims’ mother testified about the impact which the crimes had on her minor daughters. She stated that T.M. had a pre-existing behavioral disorder for which she was taking medication. Because of the trauma T.M. suffered as a result of defendants’ crimes, T.M.‘s medication had been doubled and she might require placement in a mental hospital. She further testified that T.B. did not sleep anymore because “Uncle Louie” told her that he would kill her if she ever told the truth.
Defendants’ witness, Gail Young, testified that she knew defendants for approximately eight to ten years. She stated that she had never seen either defendant do anything inappropriate to a child. Finally, she testified that she did not believe that defendants had committed the crime to which they had pled guilty.
In imposing sentence, the trial judge stated that he had considered the
Considering all of the foregoing, we find that the trial judge did not abuse his discretion in sentencing defendants and that the sentences are not excessive. Both of defendants’ sentences were less than the ten year maximum sentence. Furthermore, the trial judge gave this matter ample consideration and articulated extensive reasons for the severity of the sentences of defendants. Since the record supports the sentences imposed on defendants, we will not set them aside. See:
Finally, we have reviewed the record for errors patent and find none.
Accordingly, the convictions and sentences of defendants are hereby affirmed. Costs of appeal are assessed to defendants.
AFFIRMED.