State v. Washington
Also decided on this docket: La. Ct. App. 2d Cir., April 2, 1997 691 So. 2d 345
State v. Washington, 691 So. 2d 345 (La. Ct. App. 2d Cir. 1997).
Cited by
- State v. Drury 36 So. 3d 1150 La. Ct. App. 2d Cir. 2010
- State v. Taylor 954 So. 2d 804 La. Ct. App. 2d Cir. 2007
- State v. Jones 948 So. 2d 356 La. Ct. App. 2d Cir. 2007
- State of Louisiana v. Jason L. Fomond La. Ct. App. 3d Cir. 2006
- State v. Fomond 921 So. 2d 1103 La. Ct. App. 3d Cir. 2006
- State v. Henderson 914 So. 2d 106 La. Ct. App. 2d Cir. 2005
- State v. Russell 920 So. 2d 866 La. Ct. App. 2d Cir. 2005
- State v. Ellis 880 So. 2d 214 La. Ct. App. 2d Cir. 2004
- State v. Swilley 862 So. 2d 1268 La. Ct. App. 1st Cir. 2003
- State v. Lathen 862 So. 2d 1119 La. Ct. App. 2d Cir. 2003
- State v. McGee 862 So. 2d 452 La. Ct. App. 2d Cir. 2003
- State v. Crutchfield 855 So. 2d 822 La. Ct. App. 1st Cir. 2003
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Square 433 So. 2d 104
- State v. Thompson 631 So. 2d 555
- State v. Butler 631 So. 2d 22
Opinion text
691 So.2d 345 (1997) STATE of Louisiana, Appellee, v. Tyrone Lavell WASHINGTON, Appellant. No. 29478-KA. Court of Appeal of Louisiana, Second Circuit. April 2, 1997. *346 Wm. Rick Warren, Indigent Defender, for Appellant. Richard Ieyoub, Attorney General, James M. Bullers, District Attorney, Schuyler Marvin, Assistant District Attorney, for Appellee. Before BROWN, GASKINS and PEATROSS, JJ. BROWN, Judge. Defendant, Tyrone Washington, pled guilty as charged to one count of simple burglary, La.R.S. 14:62, and was sentenced to five years at hard labor. Defendant's timely motion for reconsideration was denied by the trial court. Defendant has appealed, arguing that his sentence is excessive. We affirm. Facts The presentence investigation report (PSI) reveals that in November 1995, the 18-year-old defendant and two juveniles broke into the Jack and Jill Headstart Center in Cullen, Louisiana. In addition to damaging the building, the trio stole food items from the cafeteria. One of the juveniles confessed that he and defendant had entered the building to commit the theft. Discussion A trial court has wide discretion to sentence within statutory limits. Absent a showing of manifest abuse of discretion, we do not set aside a sentence as excessive. State v. Square, 433 So.2d 104 (La.1983); State v. Thompson, 25,583 (La.App. 2d Cir. 01/19/94), 631 So.2d 555 . La.R.S. 14:62 provides for a fine of not more than $2,000 and/or imprisonment of not more than 12 years, with or without hard labor. Defendant was sentenced to five years at hard labor. In sentencing defendant, the court noted that defendant had changed his story several times. The court also noted that defendant had prior convictions for simple battery and middle grade possession of stolen things, the latter having been bargained down from simple burglary of a church. Furthermore, defendant had committed the instant offense while awaiting sentence on the possession of stolen things conviction, which demonstrated that he was not a suitable candidate for probation. Defendant's lack of remorse and scanty employment history were emphasized by the trial court. It was noted that defendant had not attempted to make restitution and that his crime had caused a great economic loss to needy families. Finally, the court determined that defendant was in need of correctional treatment and that any lesser sentence would deprecate the seriousness of the offense. On this record, we cannot say that the district court abused its broad discretion. Defendant, a healthy, second felony offender, presents no special circumstances which would mandate a lesser penalty. The sentence does not shock the sense of justice and is thus not constitutionally excessive. We have reviewed the record for errors patent and note that defendant was in custody from the date of his arrest, having failed to make bond. The district court neglected to give him credit for time served as required by La.C.Cr.P. art. 880. We therefore amend to allow defendant such credit. See State v. Butler, 25,563 (La.App. 2d Cir. 01/19/94), 631 So.2d 22 . No other error patent was noted. Conclusion For the reasons set forth above, defendant's conviction and sentence are affirmed.