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State v. Blanchard11/12/2003
dant did not ever express an interest in talking with the expert retained by defense counsel, and that healing would not take place unless defendant decided that it would take place.
The trial judge looked at the evidence to determine whether healing or change had taken place. He noted that, since defendant's arrest in this case, defendant went back out onto the roadway and operated a vehicle in full violation of the law. The trial judge stated that defendant had continued to exercise poor judgment throughout his life and that, although defendant's employer said defendant was not drinking any longer, it was not unusual for people who have pending cases to stop drinking until sentencing takes place.
The trial judge further said that, based on defendant's history, defendant had not learned any lessons. He explained that he had the responsibility to insure that justice was administered. He noted that the pregnant victim was driving on the roadway when defendant, who blacked out, struck her head on. The trial judge stated that, fortunately, the child and the adult victim survived. He said that the indication was that defendant could not be trusted; that he was a danger not only to himself but this community; that defendant had not learned his lesson yet; that he had a propensity to not obey the law and, therefore, he was not amenable to probation because in the past he had "thumbed his nose at it." The trial judge stated in pertinent part:
The Court finds based upon the record before it the defendant has been convicted now of two additional felonies; that he is not amenable to probation; that he is in need of correctional treatment and a custodial environment; that any lessor sentence than which I will impose would depreciate the seriousness of the defendant's conduct; that he created a risk of death or great bodily harm to the victim in this case; that as a result of his and his alone conduct, the victim has been permanently disabled and has been deprived of bringing her child into this world in a manner in which women desire and that is through natural birth; that his conduct has resulted in significant permanent injury to the victim in this case. The trial judge subsequently sentenced defendant on both counts. Defense counsel objected, and subsequently filed a motion for reconsideration of sentence and an appeal.
In his first allegation of error, defendant argues that the trial court erred in imposing the maximum sentence of five years at hard labor on the first degree vehicular negligent injuring conviction. He claims that he is not one of the worst offenders within the criminal justice system, and that he did not have a felony conviction record before the instant case. Defendant contends that the sentence is simply unfair and disproportionate to the crime committed. In allegation of error number six, defendant alleges that the trial court erred in denying his motion to reconsider sentence, based on the same allegations that his sentence is excessive.
The Eighth Amendment of the United States Constitution and Article I, Section 20 of the Louisiana Constitution prohibit the imposition of excessive or cruel punishment. A sentence is generally considered to be excessive if it is grossly disproportionate to the offense or imposes needless pain and suffering. A sentence is grossly disproportionate if, when the crime and punishment are considered in light of the harm done to society, it shocks the sense of justice. State v. Lobato, 603 So.2d 739, 751 (La. 1992); State v. Williams, 98-1146 (La. App. 5 Cir. 6/1/99), 738 So.2d 640, 655, writ denied, 99-1984 (La. 1/7/00), 752 So.2d 176.
Three factors are considered in reviewing a trial court's senten
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