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State v. Blanchard11/12/2003
CONVICTIONS AND SENTENCES AFFIRMED; CASE REMANDED
Defendant, Davin Blanchard, pled guilty to one count of driving while intoxicated (DWI) third offense, a violation of La. R.S. 14:98(D), and one count of first degree vehicular negligent injuring in violation of La. R.S. 14:39.2.
Thereafter, the trial court sentenced defendant to four years of imprisonment at hard labor on Count 1 (DWI-third offense), with all but 30 days of the sentence suspended, and the 30 days were ordered to be served without benefit of parole, probation or suspension of sentence. The trial judge also imposed a fine of $2,000.00. The trial court sentenced defendant to five years of imprisonment at hard labor on Count 2 (first degree vehicular negligent injuring), with the sentence on Count 1 to run consecutively to the sentence on Count 2, and he imposed a $2,000.00 fine.
The trial court stated that, upon completion of his sentences, defendant was to be admitted to an inpatient facility for substance abuse for not less than four weeks but no more than six weeks to determine the extent of his substance abuse, all in accordance with the treatment provisions found in La. R.S. 14:98(D)(1)(b) and (c). After completion of the treatment, defendant was ordered to serve the remainder of his time under home incarceration during which time he would be on probation for five years. The trial court also awarded restitution in the amount of $8,192.44. On appeal, defendant challenges his sentences as excessive. For the following reasons, we affirm the defendant's conviction and sentence. FACTS
The PSI states that, on August 8, 2001 at approximately 8:12 a.m., on River Road in Jefferson Parish, defendant's vehicle crossed the lane into on-coming traffic and collided head-on with a vehicle being driven by Christie Foret Poussard, who was eight months pregnant. Testing showed defendant's blood contained 0.24 percent ethyl alcohol, over twice the legal limit. As a result of the accident, Ms. Poussard had to undergo two emergency surgeries, one for the early delivery of her baby, and another for the laceration to her right ankle.
The PSI reflects that defendant had an extensive criminal record: 26 arrests, including 6 DWIs; simple battery; illegal use of a weapon; public intoxication; public urination; simple criminal damage; battery on a police officer; resisting arrest; disturbing the peace (7 times); theft (3 times); and numerous traffic violations (9). The PSI also indicates that four months after the accident, defendant was arrested for failure to yield/stop and no driver's license.
Defendant stated in the PSI that he had never married, although he has been involved in a "common-law" relationship for the past 13 years. He had four children, and had maintained employment since he was 13 years old. Defendant said he had a problem with drugs, that he started smoking marijuana during high school, that he started using crack cocaine approximately ten years ago, and that he entered and completed treatment at two 30-day treatment facilities, F. Edward Hebert Hospital when he was 18 years old, and Fountainbleu Hospital when he was 26 years old. After the instant offense, he entered Fountainbleu again, but was asked to leave. He claimed he had been "clean" for the past year and a half. The PSI indicates that defendant was 38 years old at the time of the PSI, and that his date of birth was May 9, 1964.
The following was adduced at the sentencing hearing in this matter. Eugenia Patru, a clinical and forensic social worker, testified that alcohol addiction was a mental disorder or condition and she recommended an involuntary inpatient treatment program. She admitted that she had n
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