Summary
The Louisiana Second Circuit Court of Appeal reviewed Cedrick Stroughter’s sentence following his guilty plea to possession of a firearm by a convicted felon. The court vacated the $2,500 fine because the trial court had previously waived the fine based on inability to pay, but affirmed the 20-year sentence without benefits as constitutionally proportionate and supported by Stroughter’s criminal history.
Topics
Practice areas
Questions Presented
- Whether the trial court was barred from imposing a $2,500 fine after previously waiving a fine based on Stroughter's inability to pay while incarcerated.
- Whether the imposed maximum sentence of 20 years at hard labor without benefits for possession of a firearm by a convicted felon was constitutionally excessive.
- Whether the trial court adequately considered the sentencing factors required by La. C. Cr. P. art. 894.1.
Holdings
- When the trial court previously determined that the defendant lacked the financial ability to pay and waived the fine, that waiver precluded the later imposition of a $2,500 fine. The fine was therefore vacated.
- The 20-year sentence at hard labor without benefits was not constitutionally excessive and did not constitute an abuse of the trial court's sentencing discretion.
- The trial court adequately considered and articulated the relevant sentencing factors, and any lack of rigid or mechanical compliance with article 894.1 did not require remand because the record provided an adequate factual basis for the sentence.
Key quotations
“maximum sentences ‘are reserved for ... the most serious violations of the charged offense and for the worst kind of offender.’” (at 3)
“A sentence is excessive and violates La. Const. art. I, Sec. 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.” (at 4-5)
“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.” (at 5)
Factual background
Stroughter was a passenger in a small black vehicle stopped after witnesses reported shots fired near Hearne Avenue and Hollywood Avenue. He was wearing white clothing, and officers found two 9-millimeter pistols in the vehicle, including one in a holster between the console and the front passenger seat and another within his wingspan. Although the shooting injured someone, the evidence did not conclusively link Stroughter to the shooting. Stroughter had three prior felony convictions, had recently been released from prison, and was on parole when arrested for the current offense.
Procedural history
Stroughter was charged by bill of information on January 6, 2021, and pleaded guilty as charged on September 28, 2022, under an agreement that the State would not file a habitual-offender bill. The trial court imposed 20 years at hard labor without benefits, a $2,500 fine, and court costs on October 17, 2022. After denying a motion to reconsider sentence, the trial court granted Stroughter an out-of-time appeal and an amended appeal. The Court of Appeal affirmed the sentence but amended it to vacate the $2,500 fine.