STATE of Louisiana
v.
Alvin SOCO.
Supreme Court of Louisiana.
*720 William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., William R. Campbell, Hortence Patterson, Asst. Dist. Attys., for plaintiff-appellee.
Vernon Thomas and Dwight Doskey, Orleans Indigent Defender Program, New Orleans, for defendant-appellant.
DIXON, Chief Justice.
Defendant was convicted of armed robbery, R.S. 14:64. He was sentenced to the maximum term of ninety-nine years. From that sentence, defendant appeals.
Bobby Morgan, the victim, related that on November 28, 1980 he was working at the Dixie Parking Lot on St. Charles Avenue in New Orleans. After the last customer left, around 5:00 p.m.:
"... this robber came right in the shack, pushed me down, showed me his gun, pointed it at me, put it back in his belt, slapped me, and proceeded to take all the money I had, including my own and the company money. It lasted ... less than five minutes. Then, when he went running,... I got up and called the police."
Approximately $110.00 of the victim's own money and $250.00 of the company's money was taken. The victim identified defendant as the armed robber, both by photographic lineup and identification in the courtroom. There was alibi testimony that defendant was in Napoleonville at the time of the robbery, but the unanimous jury convicted him nonetheless.
At the sentencing hearing, the judge gave the following recitation:
"All right, in view of the fact that this defendant has demonstrated to this Court he has no respect for law and order, when he gets up here and commits perjury, after having committed the felony of armed robbery, and that he does not intend to rehabilitate. He has convinced me beyond a reasonable doubt to that effect. He just wants to get out so he can do it all over again. Next time, he won't get caught maybe, he figures.
It is therefore, the sentence of this Court that you shall serve ninety-nine years at hard labor ..."
Maximum sentences provided by the statutes are reserved for the "worst kind of offender."State v. Quebedeaux,
While the trial judge need not recite the entire article 894.1 checklist of aggravating and mitigating factors, the record must reflect that the judge adequately considered the guidelines. State v. Quebedeaux, supra; State v. Trahan,
*721 In his reasons for sentence, the judge below recited only that defendant committed perjury and thereby showed no intent to rehabilitate. The defendant's credibility is not necessarily a relevant factor for determining the proper sentence (State v. Smith,
Accordingly, defendant's conviction is affirmed, the sentence is set aside, and the case is remanded to be reassigned to another judge for resentencing in accordance with the provisions of C.Cr.P. 894.1.
