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State v. Couvillion7/26/2005
for post-verdict judgment of acquittal because the State presented sufficient evidence to support defendant's conviction. We, therefore, find this assignment of error lacks merit.
In his second assignment of error, defendant argues that the trial court erred in imposing an excessive sentence. Defendant contends that his 25-year sentence is excessive and unconstitutional because the trial court failed to give adequate weight to the mitigating factors present, the sentence imposed is severe, and not specifically tailored to defendant under the circumstances of this case. Specifically, defendant contends he was 19 years old at the time of the incident, had no criminal background, was a hardworking member of society, had a child to support with another on the way, was planning a wedding with the mother of his children, always maintained a job, supported himself and his family, did not profit from the victim's death, did not do anything deliberately cruel to the victim and was a first-time offender. He adds that members of his family and others spoke up for him at the hearing and that he testified that he was sorry. Finally, he asserts that more culpable defendants, including those that have shot or stabbed someone to death, have received much lighter sentences.
The State responds that the sentence imposed upon defendant was not constitutionally excessive but was a mid-range sentence imposed after the trial court considered the factors outlined in La. C.Cr.P. art. 894.1. The State further contends that the trial court did not abuse its discretion due to the circumstances of this case.
The Eighth Amendment to the United States Constitution and Article I, § 20 of the Louisiana Constitution prohibit the imposition of excessive punishment. A sentence is considered excessive, even if it is within the statutory limits, if it is grossly disproportionate to the severity of the offense or imposes needless and purposeless pain and suffering. State v. Lobato, 603 So.2d 739, 751 (La. 1992). Trial judges have great discretion in imposing sentences and such sentences will not be set aside as excessive absent clear abuse of that broad discretion. State v. Allen, 03-1205 (La. App. 5 Cir. 2/23/04), 868 So.2d 877, 879.
In reviewing a sentence for excessiveness, the reviewing court must consider the crime and the punishment in light of the harm to society and gauge whether the penalty is so disproportionate as to shock its sense of justice, recognizing at the same time the wide discretion afforded the trial judge in determining and imposing the sentence. State v. Lobato, supra; State v. Allen, supra. There is no requirement that specific matters be given any particular weight at sentencing. State v. Tracy, 02-0227 (La. App. 5 Cir. 10/29/02), 831 So.2d 503, 516, writ denied, 02-2900 (La. 4/4/03), 840 So.2d 1213.
On appeal, the reviewing court determines whether the trial court abused its discretion, not whether another sentence might have been more appropriate. State v. Allen, supra at 879-880. In reviewing a trial court's sentencing discretion, three factors are considered: 1) the nature of the crime, 2) the nature and background of the offender, and 3) the sentence imposed for similar crimes by the same court and other courts. Id. at 880.
However, the trial judge is afforded wide discretion in determining a sentence, and the court of appeal will not set aside a sentence for excessiveness if the record supports the sentence imposed. State v. Uloho, 04-55 (La. App. 5 Cir. 5/26/04), 875 So.2d 918, 933, writ denied, 04-1640 (La. 11/19/04), 888 So.2d 192. As provided in La. R.S. 14:31(B), a defendant found guilty of manslaughter shall be imprisoned at hard labor for no
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