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State v. Masters12/17/2003
an drinking "heavily" at age 24. He is married and has a 21-year-old son. His employment history consists of jobs involving manual laborer, as well as in construction and on an offshore drilling rig. Defendant received treatment for substance abuse in 1996 and 1999. Considering these factors, the court concluded that defendant was in need of correctional treatment, that a lesser sentence would deprecate the seriousness of the offense, that the circumstances were likely to recur, and that incarceration would not entail an excessive hardship on defendant's dependents.
FN1. As noted above, there are also three DWI charges currently pending in Winn and Natchitoches Parishes.
On this record, we do not find constitutional error. Defendant has a very substantial record of driving while intoxicated. The instant offense occurred some two hours after police had responded to a domestic disturbance call from defendant's wife which arose when she tried to prevent him from driving. He has received substance abuse treatment and probation after his numerous DWI convictions, including suspension of his sentence after his DWI fourth offense conviction in 2002. Defendant's 15-year sentence, considering his background and the facts of this case, is certainly not grossly disproportionate to the severity of the offense of conviction nor shocking to our sense of justice.
Appellate defense counsel's claim that defendant's trial attorney counsel was ineffective for failing to move for reconsideration of sentence is without merit.
**4 Conclusion
For the reasons set forth above, we affirm defendant's sentence. AFFIRMED.
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