State v. SavageState v. Savage
The defendants, Steven Savage and Johnny Windsor, were charged by bill of information on March 1, 1983 with simple burglary in violation of
The facts of this case are as follows: At approximately 5:00 a.m. on February 20, 1983, Edward Jackson heard a noise outside of his restaurant located on Gallier Street and St. Claude Avenue. As he looked out of his window to investigate, he saw two men beating on the window of the nearby Texaco station. By the time he had walked outside, the two men had broken the window with a piece of concrete. One of the men, later identified as Johnny Windsor, was rolling a tire out of the service station while the other man, later identified as Steven Savage, was acting as a lookout. Mr. Jackson had taken his gun outside with him and he ordered the men to stop and to return the tire. He then held the men at the scene until the police arrived.
The operator of the Texaco station was summoned to the scene and later found another one of his tires hidden behind a trash can. He denied knowing either defendant and denied giving permission to either of the defendants to be inside of the station.
On appeal, both defendants request a review of the record for errors patent. Additionally, defendant Windsor argues that the sentence given to him is unconstitutionally excessive.
A review of the record discloses that there are no errors patent.
Although not alleged as an assignment of error, the sufficiency of evidence to support appellants’ convictions must be reviewed in accordance with State v. Raymo, 419 So.2d 858 (La.1982). In assessing the sufficiency of evidence in a direct evidence case, the reviewing court must determine whether, viewing the facts in the light most favorable to the prosecution, any rational trier of fact could have found the defendants guilty beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Fuller, 414 So.2d 306 (La. 1982). Both appellants were convicted of simple burglary in this case. Simple burglary is “the unauthorized entering of any dwelling, vehicle, watercraft, or other structure, movable or immovable, with the intent to commit a felony or any theft therein.”
In the only assignment of error, defendant Windsor contends that the sentence imposed upon him is unconstitutionally excessive as prohibited by
In his reasons for sentencing, the trial judge noted that Windsor has two prior felony convictions and two prior misdemeanor convictions. His felony convictions include attempted burglary of an inhabited dwelling and attempted aggravated rape. The trial judge also commented that defendant Windsor‘s role in the crime in the instant case was greater than the role of his co-defendant Savage who acted only as a lookout while Windsor was directly involved in the actual unauthorized entry. Additionally, defendant Savage has a much less extensive criminal history than Windsor. The trial judge felt that any lesser sentence given to Windsor would deprecate the seriousness of Windsor‘s criminal activities and would present an undue risk of
The transcript of the sentencing hearing indicates that the trial judge complied with the sentencing guidelines of
AFFIRMED.
Notes
Simple burglary is the unauthorized entering of any dwelling, vehicle, watercraft, or other structure, movable or immovable, with the intent to commit a felony or any theft therein, other than as set forth in Section 60.
Whoever commits the crime of simple burglary shall be fined not more than two thousand dollars, imprisoned with or without hard labor for not more than twelve years, or both.