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State v. Crenshaw4/6/2005
the trial court found he was in need of a custodial environment.
In the case sub judice, at sentencing, the trial court heard testimony from Ms. Taylor's mother about the impact of the deaths and injuries on the family. The court also received testimony from Officer Adgate, who said that, after the collision, Defendant was more concerned about his car being totaled than the resulting deaths and injuries to the Taylors.
After argument by both counsel, the court said it had considered the totality of the circumstances surrounding the offenses, the entire PSI report, letters from the victims and family members, a memorandum from defense counsel and Defendant's medical records. The court noted that there were multiple victims and found that there was significant and permanent injury and economic loss. The court considered his statements of remorse and letters written by friends on his behalf. Finally, the court noted that Defendant had three prior convictions for DWI and was in need of correctional treatment and that lesser sentences would deprecate the seriousness of the offenses.
Defendant's record reflects that he is a substantial risk to the safety of the community- this is his fourth drunk driving incident. At the time of this accident, his blood alcohol level was very high, he was operating a vehicle recklessly on city streets at speeds in excess of 80 m.p.h. and he was clearly a risk to the safety of drivers and pedestrians. Based on Defendant's history and the nature of the current offenses, the sentences imposed are not constitutionally excessive. Accordingly, we reject Defendant's argument that his sentences were excessive.
Defendant also argues that the court erred in directing the sentences to be served consecutively or that it erred in not specifically mentioning why the sentences should be served consecutively. In support of this argument, Defendant cites La. C. Cr. P. art. 883, which states:
If the defendant is convicted of two or more offenses based on the same act or transaction, or constituting 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. Other sentences of imprisonment shall be served consecutively unless the court expressly directs that some or all of them be served concurrently. In the case of the concurrent sentence, the judge shall specify, and the court minutes shall reflect, the date from which the sentences are to run concurrently.
Defendant argues that, in the absence of articulated reasons from the trial court justifying his terms being served consecutively, his sentences should be served concurrently. We disagree.
As this court noted in State v. Hampton, 39,017 (La. App. 2d Cir. 1/28/04), 865 So. 2d 284, jurisprudence has moved away from requiring remand under certain circumstances involving the imposition of consecutive sentences without the trial court's having specifically stated reasons therefor. The cases cited in Hampton conclude that the failure to articulate specific reasons for consecutive sentences does not require remand if the record provides an adequate factual basis to support consecutive sentences.
Further, the jurisprudence recognizes that it is within a trial court's discretion to order sentences to run consecutively rather than concurrently. Robinson, supra. Coleman, supra. Derry, supra. 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. Walker, supra. Feaster, supra.
In the case sub judice, the record rev
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