625 So. 2d 691 | La. Ct. App. | 1993
Christopher Singleton was charged by bill of information number 215,208 with possession with intent to distribute cocaine
In his sole assignment of error, defendant contends that his sentences are excessive because he had no prior criminal history. Defendant asserts that, if he had been sentenced in accordance with the new sentencing guidelines, sentencing guidelines grid G-2 (providing for a three-to-five year term of imprisonment) would have been applicable.
Possession with intent to distribute cocaine and distribution of cocaine are both punishable by a term of imprisonment at hard labor for a minimum of five and a maximum of thirty years and a possible fine not to exceed $15,000.00. LSA-R.S. 40:967 B(l). Herein, defendant received concurrent sentences of eight years at hard labor, and no fines were imposed.
In giving consideration to the new sentencing guidelines, the trial court observed that the sentencing range for the instant offenses is found in grid G-2 (which provides for imprisonment for three to five years) or grid D-2 (which provides for imprisonment for seven to rune years). However, the court then specifically indicated that the more lenient grid G-2 would be applicable only if the court ignored the fact that in entering the instant guilty pleas defendant had pled guilty to two separate felony narcotics convictions; the court indicated that it was not inclined to ignore that fact. Thus, the court stated that, if indeed the less lenient grid D-2 is applicable in this ease, the instant sentences are within the appropriate sentencing range provided in that grid. Nevertheless, the trial court stated that, if it was deviating from the applicable sentencing range provided in the sentencing guidelines, it was going to state its reasons for any such deviation.
Accordingly, the court noted inter alia that there was definitely an undue risk that, "during the period of a suspended sentence or probation, defendant would commit another crime. As support for that conclusion, the court stated the following:
This is brought home by the fact that this young man having had no previous record was first arrested with fourteen rocks of poison in his possession in a match box. You had never been in trouble before, so you got in big trouble. That was in May of 91. Well, he was going to straighten up. Low [sic] and behold, in August, boom, Distribution of Cocaine, albeit one rock, but nevertheless it is still the same stuff. So, within the period of three or four months this young man who indicated he was going to go straight all of a sudden is in the same thing. So, you judge a man’s future by looking at his past. A man does that within three or four months and gets in big trouble, that means to me he is going to do it again.
In additional sentencing reasons, the court stated that it felt that there was no alternative but to impose correctional treatment in a custodial environment. More particularly, the court stated that it felt that a lesser sentence would deprecate the seriousness of defendant’s crimes. The court opined that cocaine was an absolute poison, i.e., that it was destroying the fabric of our community and our nation. The court further stated that defendant’s actions certainly threatened and/or caused serious harm to the people of Terrebonne Parish and that the only provocation in these cases was defendant’s desire to either get some illegal drugs for himself or to make money to purchase things that make him feel good.
Even assuming, arguendo, that the instant sentences were not imposed in conformity with the new sentencing guidelines, we note that LSA-C.Cr.P. arts. 881.6 and 894.1 A provide that no sentence shall be declared unlawful, inadequate or excessive solely due to such a failure. Additionally, LSA-C.Cr.P. art. 881.4 D provides that this court shall not set aside a sentence because of the failure of
We have carefully reviewed the record in each of these cases; based upon that review, we find that the record supports the sentences imposed. Under the circumstances of these cases, we are unable to say that the trial court abused its discretion in sentencing defendant to concurrent terms of imprisonment at hard labor for eight years. Hence, we do not find defendant’s sentences excessive.
CONVICTIONS AND SENTENCES AFFIRMED.
. The bill of information charged that this offense occurred on May 20, 1991.
. The bill of information charged that this offense occurred on August 2, 1991.
.Defendant was sentenced on January 21, 1992, after the effective date of the new sentencing guidelines.
. Consistent with the court’s orders remanding the instant cases for our review of the merits of defendant’s sentencing claims, we have consolidated these cases for purposes of that review.
. We note that defendant does not contend on appeal, as he did at the time of sentencing, that the trial court improperly rejected suspension of sentence and probation as an alternative to imprisonment.