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State v. Couvillion7/26/2005
lly-determined manner of death was physically performed by Brandon, defendant had no history of convictions for any serious offenses prior to the commission of this crime and, by the judge's calculation, he had just turned 20 years old at the time of the crime.
In State v. Bowman, 95-0667 (La. App. 4 Cir. 7/10/96), 677 So.2d 1094, writ denied, 96-2070 (La. 1/31/97), 687 So.2d 400, the defendant, although charged with second degree murder, was convicted of manslaughter as a principal in a drive-by shooting in which defendant drove the vehicle from which the fatal shot was fired. The Fourth Circuit held that a 33-year sentence at hard labor was not excessive. In this case, the defendant argued that he was only 16 years old at the time and was a first offender. He further asserted that he did not do the shooting and no evidence proved he knew the victim would be shot or killed. The trial court considered the following: defendant's youth, that he was a principal to the crime of the wanton shooting of the victim without provocation, that the jury verdict of manslaughter reflected the reduced culpability of the defendant, his belief that defendant was a menace to society and should be removed from the streets to protect others and that the defendant did not pull the trigger.
In State v. Major, 96-1214 (La. App. 4 Cir. 3/4/98), 708 So.2d 813, writ denied, 98-2171 (La. 1/15/99), 735 So.2d 647, the court determined a 30-year sentence was not excessive for a principal to the crime of manslaughter. In this case, defendants in one car shot into another car after an argument in a parking lot. In this case, the defendants were first offenders. The trial judge based the sentences on the egregiousness of the offense and the fact that a lesser sentence would deprecate the seriousness of the offense. The judge noted the dispute began over a parking place and that the perpetrators were riding around with a submachine gun in their vehicle, discussing the danger posed on the community by firing such a weapon with no regard for the intended victim or an innocent bystander.
In this case, we find that the trial judge properly considered the factors set forth in La. C.Cr.P. art. 894.1. In considering the nature of the crime and in light of other cases involving principals to manslaughter, defendant's sentence is not excessive, despite defendant's lack of criminal history and his youthfulness. Even though Brandon initiated the attack on Jim and physically strangled Jim, defendant portrayed substantial cruelty in punching Jim while he was helplessly being strangled. Under the circumstances of this case, we find that the trial court did not abuse its discretion by imposing a mid-range sentence that does not shock the sense of justice when considered in light of the crime committed. We find no merit to defendant's second assignment of error.
Finally, as is our practice, the record was reviewed for errors patent, according to La. C.Cr.P. art. 920. We have found no errors that require correction. Accordingly, defendant's conviction and sentence are affirmed.
AFFIRMED
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