State v. Odom
State v. Odom
Opinion of the Court
The defendant, Randy Randell Odom, was originally charged with simple burglary. Pursuant to a plea bargain, he was allowed to plead guilty to attempted simple burglary, and the state agreed not to file a habitual offender bill against the defendant. The trial court sentenced the defendant to five years at hard labor. The defendant appeals his sentence as excessive.
On August 16, 2000, the defendant made an unauthorized entry into a storage trailer from which he stole three amplifiers worth in excess of $3,000.
When, as here, a defendant fails to file a motion to reconsider sentence under La.C.Cr.P. art. 881.1, the appellate court’s review is limited to the bare claim that the sentence is constitutionally excessive. State v. Mims, 619 So.2d 1059 (La. 1993); State v. Duncan, 30,453 (La.App.2d Cir.2/25/98), 707 So.2d 164. Constitutional review turns upon whether the sentence is illegal, grossly disproportionate to the severity of the offense or shocking to the sense of justice. State v. Lobato, 603 So.2d 739 (La. 1992).
Although appellate defense counsel suggests that a trial court’s “failure” to notify a defendant of the time delay within which to file a motion for reconsideration of sentence should entitle an accused to complete review of his sentence, there is no jurisprudential support for that position.
Prior to imposing sentence, the trial court considered a pre-sentence investigation (PSI) report. The defendant, a second felony offender, had prior convictions
Our error patent review discloses the trial court erroneously informed the defendant he had five days after the sentence became final to appeal. We deem this to be harmless error.
The defendant’s conviction and sentence are affirmed.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.