State v. Crenshaw4/6/2005
ecord clearly shows an adequate factual basis for the sentence imposed, remand is unnecessary, even where there has not been full compliance with La. C. Cr. P. art. 894.1. State v. Lanclos, 419 So. 2d 475 (La. 1982). The important elements which should be considered are the defendant's personal history (age, family ties, marital status, health, employment record), prior criminal record, seriousness of offense and the likelihood of rehabilitation. State v. Jones, 398 So. 2d 1049 (La. 1981); State v. Bradford, 29,519 (La. App. 2d Cir. 4/2/97), 691 So. 2d 864; State v. Hudgins, 519 So. 2d 400 (La. App. 2d Cir.), writ denied, 521 So. 2d 1143 (1988).
Whether the sentence imposed is too severe depends on the circumstances of the case and the background of the defendant. A sentence violates La. Const. art. 1, §20, if it is grossly out of proportion to the seriousness of the offense or nothing more than a purposeless and needless infliction of pain and suffering. State v. Dorthey, 623 So. 2d 1276 (La. 1993); State v. Bonanno, 384 So. 2d 355 (La. 1980). A sentence is considered grossly disproportionate if, when the crime and punishment are viewed in light of the harm done to society, it shocks the sense of justice. State v. Hogan, 480 So. 2d 288 (La. 1985); Bradford, supra.
A trial court has broad discretion to sentence within the statutory limits. Absent a showing of manifest abuse of that discretion, we may not set aside a sentence as excessive. State v. Guzman, 99-1528, 99-1753 (La. 5/16/00), 769 So. 2d 1158; State v. June, 38,440 (La. App. 2d Cir. 5/12/04), 873 So. 2d 939. As a general rule, maximum sentences are appropriate in cases involving the most serious violation of the offense and the worst type of offender. State v. Grissom, 29,718 (La. App. 2d Cir. 8/20/97), 700 So. 2d 541; State v. Walker, 573 So. 2d 631 (La. App. 2d Cir. 1991).
La. C. Cr. P. art. 883 provides that, when two or more convictions arise from the same transaction, or constitute parts of a common scheme or plan, the terms of imprisonment shall be served concurrently unless the court expressly directs that some or all be served consecutively. However, the jurisprudence recognizes that it is within a trial court's discretion to order sentences to run consecutively rather than concurrently. State v. Robinson, 33,921 (La. App. 2d Cir. 11/1/00), 770 So. 2d 868; State v. Coleman, 32,906 (La. App. 2d Cir. 4/5/00) 756 So. 2d 1218, writ denied, 787 So. 2d 1010 (La. 3/23/01); State v. Derry, 516 So. 2d 1284 (La. App. 2d Cir. 1987), writ denied, 521 So. 2d 1168 (La. 1988).
This is especially true in cases in which the offender's past criminality or other circumstances in his background justify treating him as a grave risk to the safety of the community. State v. Walker, 00-3200 (La. 10/12/01), 799 So. 2d 461; State v. Feaster, 36,868 (La. App. 2d Cir. 3/5/03), 840 So. 2d 675.
This court approved consecutive maximum sentences in a case involving two counts of first degree vehicular negligent injuring. Feaster, supra. This court noted in Feaster, supra, that the defendant was driving without a valid driver's license, he had a history of alcohol-related offenses and his unwillingness to admit he had a substance abuse problem posed a grave risk to the safety of the community.
Another case, more similar to the facts of the case sub judice, affirmed consecutive sentences where the defendant was convicted of vehicular homicide and first degree vehicular negligent injuring. See State v. Hilburn, 36,048 (La. App. 2d Cir. 6/12/02), 821 So. 2d 530. The defendant in Hilburn injured two victims and caused the death of another. He had been involved in prior misdemeanor offenses involving alcohol and
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