State v. Bailey
State v. Bailey
Opinion of the Court
_jjThe defendant, Michael Bailey, appeals as excessive his sentence to 12 years at hard labor and a fine of $5,000.00 following his conviction of one count of aggravated incest. For the following reasons, we affirm the conviction and sentence.
FACTS
The victim was the defendant’s stepdaughter. She was seven or eight years old at the time of the offense. The child complained to her mother of pain in her genital area. When questioned by her mother, the victim said that the defendant had rubbed her “down there.” The defendant admitted the act to the victim’s mother. The mother took the victim to the hospital and contacted police. The victim told police that the defendant had touched her genitals on three separate occasions when her mother was not at home.
The defendant confessed to police that he had fondled the victim as she claimed. He was originally charged with three counts of aggravated incest. On October 31, 2005, pursuant to a plea agreement, the defendant pled guilty to one count of aggravated incest. In exchange for the plea, the other two charges were dismissed.
The sentence set forth above was pronounced on January 30, 2006. The defendant filed a motion to reconsider the sentence which was rejected by the trial court. The defendant then appealed his sentence, claiming it was excessive.
DISCUSSION
In reviewing claims of excessive sentence, an appellate court uses a two-step process. First, the record must show that the trial court tookRcognizance of the criteria set forth in La. C. Cr. P. art. 894.1. The articulation of the factual basis for a sentence is the goal of La. C. Cr. P. art. 894.1, not a rigid or mechanical compliance
Second, 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); State v. 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, 1999-1753 (La.5/16/00), 769 So.2d 1158; State v. June, 38,440 (La.App.2d Cir.5/12/04), 873 So.2d 939.
The trial court reviewed the pre-sentence investigation (PSI) report and considered the defendant’s age. The defendant had a prior felony conviction in 1990 for aggravated battery.
On this record, we find no abuse of the trial court’s discretion. The defendant benefltted from the dismissal of the other two charges for aggravated incest through the plea agreement. At the time of the commission of this offense, the penalty for aggravated incest was set forth in La. R.S. 14:78.1(D) as follows:
A person convicted of aggravated incest shall be fined an amount not to exceed fifty thousand dollars, or imprisoned, |4with or without hard labor, for a term not less than five years nor more than twenty years, or both.2
CONCLUSION
For the reasons stated above, we affirm the conviction and sentence of the defendant, Michael Bailey.
AFFIRMED.
. After mentioning the aggravated battery, the trial court stated that the defendant had no prior felonies. Although aggravated battery is a felony, it appears from the PSI report that the defendant was only sentenced to 30 days.
. This statute was amended by La. Acts 2006, § 325 to increase the penalties to be imposed for victims under the age of 13. Because the amendment was not in effect at the time of the offense in this case, it is not applicable here.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.