State v. RobinsonState v. Robinson
The defendant, Sally Ann Robinson, pled guilty to possession of a firearm by a convicted felon, a violation of
FACTS
On December 29, 1993, several witnesses saw defendant, Sally Ann Robinson, fire a
Defendant had been previously conviсted of simple robbery in the Twenty-Sixth Judicial Court, Bossier Parish, on October 26, 1981. For that conviction, she received a suspended sentence of four years at hard labor and was placed on five years supervised probation.
Pursuant to a plea bargain agreement, defendant pled guilty to the chargеd offense. Prior to imposing sentence, the trial judge reviewed the factual scenario of the events leading to defendant‘s arrest, discussed her criminal history and stated that his interpretation of the sentencing guidelines placed defendant in grid cell 5B for a designated sentence range of 66-54 months.1 The trial judge considered defendant‘s guilty plea as a mitigating factor. A sentence of four and one-half years at hard labor without benefit of probation, pаrole, or suspension of sentence was imposed in addition to a fine of $1,000 and court costs, all to be paid through the inmate banking system.
On December 6, 1994, dеfendant‘s counsel submitted a brief to this court, pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), stating that he had examined the record and found no non-frivolous issues to advance on her behalf оn appeal. Accordingly, counsel moved this court to review the record for error patent and to relieve him of his representation of defendant. Counsel had sent written notice to defendant via certified mail informing her that she could file a supplemental brief. This court issued an order on Deсember 21, 1994, holding the motion to withdraw in abeyance and granting defendant thirty days to file a supplemental brief. Defendant did not file such a brief.
After independent rеview of the record by this court for any legal point arguable on the merits, counsel‘s motion to withdraw was denied and he was instructed to brief as error the triаl court‘s imposition of a constitutionally excessive sentence. Counsel additionally contends the trial court‘s order that defendant‘s fine be payable through the inmate banking system is an illegal sentence.
EXCESSIVE SENTENCE
Defendant did not file a motion to reconsider sentence, which is conceded in brief.
Moreover, even if we were to review the constitutionality of defendant‘s sentence, we find it is commensurate with the crime and neither shocks our sense of justice nor constitutes a рurposeless and needless infliction of pain and suffering. The statutory range for a violation of
IMPOSITION OF FINE
Defendant also contends the trial court‘s order that her fine be payable through the inmate banking system constitutes an illegal sentence. As support, she referеnces
Except as provided in Paragraph (6) of this Section, money may not be withdrawn from an inmate‘s savings account for any other reason prior to his discharge or parole.
Paragraph (6) provides for the inmate‘s receipt of the money in the account upon release or discharge.
Based upon these provisions, we conclude that the trial court erred in ordering that defendant‘s fine be paid through the inmate banking system. Because
We do not, however, find the fine to be excessive.
ERROR PATENT REVIEW
Our error patent review disclosed that the trial сourt failed to correctly inform the defendant of the prescriptive period for post-conviction relief, as required by
We direct the district court to send appropriate written notice to defendant within ten (10) days of the rendition of this opinion and to file proof of defendant‘s receipt of such notice in the record of the proceedings. State v. Mock, supra; State v. Smith, 600 So.2d 745 (La.App.2d Cir.1992).
CONCLUSION
Defеndant‘s conviction is affirmed. We amend defendant‘s sentence to eliminate the trial court‘s order that her fine be paid through the inmate banking system. As amendеd, defendant‘s sentence is affirmed.
CONVICTION AFFIRMED, SENTENCE AMENDED AND, AS AMENDED, AFFIRMED.