State v. WilliamsState v. Williams
- Reporters:
- ,
- Before:
- Lottinger
The defendant, Calvin Williams, was arrested for approximately eighty-six burglaries in East Baton Rouge Parish. In the instant bill of information (bill no. 5-90-57), the defendant was charged with four counts of simple burglary of an inhabited dwelling.
The defendant received the following sentences. For his convictions of three counts of simple burglary of an inhabited dwelling under bill no. 3-90-1341, the defendant received three concurrent sentences of twelve years at hard labor, including one year without benefit of parole, probation, or suspension of sentence. For his instant convictions of four counts of simple burglary of an inhabited dwelling under bill no. 5-90-57, the defendant received four concurrent sentences of twelve years at hard labor, including one year without benefit of parole, probation, or suspension of sentence. However, the trial court ordered these sentences to run consecutively to the sentences imposed under bill no. 3-90-1341. For his convictions of four counts of simple burglary under bill no. 5-90-72, the defendant received four concurrent sentences of five years at hard labor. For his convictions of two counts of simple burglary under bill no. 7-90-2, the defendant received two concurrent sentences of five years at hard labor. For his convictions of three counts of simple burglary of an inhabited dwelling under bill no. 7-90-3, the defendant received three concurrent sentences of twelve years at hard labor, including one year without benefit of parole, probation, or suspension of sentence. However, the trial court ordered these sentences to run consecutively to the sentences imposed under bill nos. 3-90-1341 and 5-90-57. For his convictions of three counts of simple burglary of an inhabited dwelling under bill no. 7-90-4, the defendant received three concurrent sentences
The defendant has appealed the instant convictions and sentences,1 alleging two assignments of error, as follows:
1. The trial court erred in denying the defendant‘s motion to suppress.
2. The trial court erred in imposing excessive sentences and in failing to comply with the sentencing guidelines of
La.Code Crim.P. art. 894.1 .
Assignment of error number 1 was not briefed on appeal and, therefore, is considered abandoned. Uniform Rules—Courts of Appeal, Rule 2-12.4.
Because there was no trial, and the defendant pleaded guilty to a total of twenty-five separate offenses in the same proceeding, the record contains little or no factual information about the instant offenses. According to the bill of information, the defendant burglarized the residence of Terry Vega on October 6, 1989 (Count 1) and the residence of Alfred Bankston on October 12, 1989 (Count 2). There is no further information about these offenses in the record or the presentence investigation report (PSI).
The defendant burglarized the residence of Sheryl Augustus on October 22, 1989 (Count 3). According to the PSI, the defendant broke into her residence and took a VCR, a bowling ball, a pair of ladies black pants, and some jewelry, including a wedding band, a class ring, and a 14 karat gold necklace. Ms. Augustus was reimbursed approximately $900.00 by her insurance company for the items taken in the burglary.
The defendant burglarized the residence of Karla Keowen on December 28, 1989 (Count 4). According to the PSI, the defendant broke into Ms. Keowen‘s residence and took a video camera, a VCR, and jewelry valued at approximately $1100.00. Ms. Keowen received a total of $2500.00 reimbursement from her insurance company for the items taken in the burglary.
ASSIGNMENT OF ERROR NUMBER TWO
In this assignment of error, the defendant contends that the trial court erred in imposing excessive sentences and in failing to comply with the sentencing guidelines of
The Code of Criminal Procedure sets forth items which must be considered by the trial court before imposing sentence.
Although a sentence falls within statutory limits, it may be excessive. State v. Sepulvado, 367 So.2d 762, 767 (La.1979). However, the trial court has great discretion in imposing a sentence within the statutory
The presentence investigation report indicated that the defendant was classified as a first felony offender. Before imposing sentence, the trial court noted this fact, but concluded that it should not mitigate in the defendant‘s favor merely because it took so long to apprehend him and stop his crime wave. The court acknowledged the defendant‘s statement that he was not guilty of all eighty-six burglaries and stated that he probably was correct. However, the court also indicated that it believed the defendant was guilty of the twenty-five offenses to which he pleaded guilty “and in all likelihood, a good many more.” Finally, after observing that burglary of an inhabited dwelling was more than a taking of items of personal property since it was a taking of the victim‘s privacy and security as well, the court stated that it considered such conduct “to be one of the more heinous offenses that can be committed by an individual.” In imposing these sentences, the trial court obviously concluded that the defendant was in need of correctional treatment. Our review of the sentencing transcript indicates that the trial court adequately complied with the Article 894.1 guidelines.
For each of his instant convictions of simple burglary of an inhabited dwelling, the defendant was exposed to a maximum sentence of twelve years at hard labor, including one year without benefit of parole, probation, or suspension of sentence. See
In his brief to this Court, the defendant states: “The court imposed terms of imprisonment at hard labor totalling sixty years. Taken as a whole, the sentences are excessive. The court failed to justify the apparently excessive sentences.”
This Court has stated that the maximum sentence may be imposed only in cases involving the most serious offenses and worst offenders. State v. Easley, 432 So.2d 910, 914 (La.App. 1st Cir.1983). The defendant received less than half the maximum sentence for each of his simple burglary convictions, all of which were imposed to run concurrently. While the defendant received concurrent, maximum sentences for each of his simple burglary of an inhabited dwelling convictions within each separate bill of information, the trial court imposed the simple burglary of an inhabited dwelling sentences to run consecutively in such a manner that the defendant received a total sentence of sixty years.
Initially, we note that, while the defendant technically was classified as a first felony offender, he certainly is the worst type of offender since he committed so many separate burglaries that his conduct was considered by the trial court to be a “crime wave.” At least one of the burglaries was the most serious type of offense (the simple burglary of an inhabited dwelling belonging to Tim O‘Neal, which was addressed in State v. Williams, 93 KA 1420, 637 So.2d 1323), since it led to a direct confrontation between the defendant and the victim. An employee was terrified in another burglary (the simple burglary of Kiddie Junction, which was addressed in State v. Williams, 93 KA 1423, 637 So.2d 1323). As for the other offenses, while they were not the most serious when considered individually, they were the most serious in the sense that they were repeated over and over again by a defendant who had no regard for the victims’ personal property, privacy, or security.
Furthermore, the consecutive sentences which were imposed clearly were justified since the defendant posed an unusual risk to the safety of the public. See
Finally, we note that the defendant significantly reduced his sentencing exposure by pleading guilty to only twenty-five offenses. See State v. Abiodun, 509 So.2d 821, 823 n. 1 (La.App. 1st Cir.1987).
This assignment of error is meritless.
PATENT SENTENCING ERROR
We note the following patent sentencing error. Neither the minutes nor the sentencing transcript show that the trial court, in imposing these sentences, gave the defendant credit for time spent in actual custody prior to sentencing. Such an allowance of credit is mandatory.
CONVICTIONS AND SENTENCES AFFIRMED AS AMENDED AND REMANDED WITH ORDER.