State v. TribbitState v. Tribbit
Defendant, Arthur Tribbit, appeals his sentence of ten years imprisonment at hard labor for purse snatching, a violation of
Defendant was charged with the offense by bill of information on March 24, 1997. Following his arraignment, recusal of the original trial judge, and a competency hearing, he was tried on August 15, 1997. Prior to trial, he waived his right to a jury trial. Defendant was found guilty as charged. On September, 9, 1997, Defendant was sentenced to ten years imprisonment at hard labor.
On March 27, 1998 Defendant filed a motion for post-conviction relief which was denied on August 17, 1998. Writs to this Court were denied on August 27, 1998.1 On October 6, 1998, Defendant filed another application for post-conviction relief, which was denied in the trial court. This Court denied writs on November 5, 1998, ruling that “on the presentation, the application discloses no error in the trial court‘s ruling of October 6, 1998, on relator‘s application for post conviction relief.”2 The Louisiana Supreme Court reversed this Court‘s decision on March 26, 1999, ordering the district court to “appoint counsel for purposes of holding a hearing at which it will determine whether relator is entitled to an out-of-time appeal under State v. Counterman, 475 So.2d 336, 340 (La.1985).” State ex rel. Arthur Tribbit v. State, 98-KH-2893 (La.3/26/99), 739 So.2d 783. The trial court held a hearing pursuant to the Supreme Court‘s ruling and, on July 1, 1999, Defendant was granted an out-of-time appeal.
On March 15, 1997, David Millet (Millet) and his girlfriend, Patricia Sanchez (Sanchez), drove to an E-Z Serve store on Barataria Boulevard, in Marrero, Louisiana to use the outside pay phone. While Millet was speaking on the phone, a man, later identified as the Defendant, approached him and took his wallet out of his back pants pocket. Millet turned around and the Defendant said, “Hey, man, did you lose your wallet?” Millet replied, “No, I didn‘t,” at which point, the Defendant started to hand the wallet back to Millet. Millet responded, “No, I don‘t want it back. You got it. You going to hold on to it until I take further measures on it.”
Jefferson Parish Sheriffs Deputy Joseph Arnaud responded to the call. He met with and obtained a description of the perpetrator from Millet. Deputy Arnaud began searching and, further down the street, stopped the Defendant, who matched Millet‘s description. During a weapons search of the Defendant, Deputy Arnaud found Millet‘s wallet. Deputy Arnaud transported the Defendant back to the scene of the incident where both Millet and Sanchez identified him as the thief. The stolen wallet contained $122 in currency and a Visa credit card.
On appeal, the Defendant asserts that the trial judge imposed an excessive sentence and failed to comply with the sentencing guidelines in
The Defendant failed to file a motion to reconsider sentence after he was sentenced by the trial judge.
Both the United States and Louisiana constitutions prohibit the imposition of excessive or cruel punishment.
At the time this offense was committed, the sentencing range for a conviction of purse snatching was not less than two years, nor more than 20 years, imprisonment at hard labor. Defendant‘s sentence of ten years imprisonment at hard labor is one-half of the maximum sentence. However, the trial judge failed to articulate the factual basis for the sentence.
In State v. Tumblin, 27,122 (La.App. 2nd Cir. 6/21/95), 658 So.2d 222, 224, the 2nd Circuit affirmed a sentence of seven years imprisonment at hard labor for purse snatching. The trial court considered the pre-sentence investigation report, the guidelines, and discussed at length the factors which supported the sentence. Although the Defendant was a first felony offender and pled guilty, his juvenile record, prior arrest for aggravated battery, and subsequent arrest for aggravated assault, demonstrated a proclivity for violent criminal behavior. Furthermore, the victim was 77 years old and the offense was premeditated.
In State v. Andrews, 94 0842 (La.App. 1st Cir. 5/5/95), 655 So.2d 448, 454, the defendant was sentenced to seven years imprisonment at hard labor for purse snatching and the sentence was found not to be excessive where the record reflected that the defendant was a third felony offender and had a number of arrests for different crimes.
In State v. Wade, 29,234 (La.App. 2nd Cir. 4/2/97), 693 So.2d 195, the 2nd Circuit upheld a three year imprisonment at hard labor sentence for a defendant that had not used a weapon when committing the offense of purse snatching, but did push a shopping cart into a pregnant victim‘s stomach.
In the above cases, which uphold purse snatching sentences, there were facts in the record, or the facts were articulated by the trial judge, justifying the sentence imposed. In this case, the record contains a report from the sanity commission that the Defendant, who has a 30 year history of mental illness, exacerbated his illness by the use of various illegal drugs. He supported these addictions by shoplifting. Although he had only one felony conviction, he had numerous arrests for misdemeanors. Even though the trial judge did not articulate reasons for the sentence, considering the Defendant‘s history, the ten year imprisonment at hard labor sentence is justified. Therefore, we find that the sentence is not excessive under these circumstances.
ERROR PATENT
The record was reviewed for errors patent in conformity with
Accordingly, the Defendant‘s sentence is hereby affirmed.
AFFIRMED.