Summary
The Louisiana Second Circuit reviews John D. LaFleur’s sentences for domestic abuse battery with strangulation, simple battery, and attempted cruelty to the infirm. The court holds that the maximum concurrent sentences were not constitutionally excessive, but amends the domestic abuse battery sentence because the governing statute did not authorize denying probation, parole, or suspension of sentence. Convictions and the remaining sentences are affirmed.
Topics
Practice areas
Questions Presented
- Whether the trial court abused its discretion or imposed unconstitutionally excessive sentences for domestic abuse battery with strangulation and attempted cruelty to the infirm.
- Whether the trial court adequately complied with La. C. Cr. P. art. 894.1 when considering aggravating and mitigating circumstances.
- Whether the trial court illegally imposed one year of the domestic-abuse-battery-with-strangulation sentence without the benefit of probation, parole, or suspension of sentence when the governing statute authorized no such restriction.
Holdings
- The concurrent three-year sentence for domestic abuse battery with strangulation and five-year sentence for attempted cruelty to the infirm were not unconstitutionally excessive and were not an abuse of the trial court's sentencing discretion.
- The trial court fully complied with La. C. Cr. P. art. 894.1 because the record reflected adequate consideration of aggravating and mitigating factors; the court was not required to list every factor individually.
- The trial court could not deny probation, parole, or suspension of sentence for any portion of the domestic-abuse-battery-with-strangulation sentence because La. R.S. 14:35.3(L), as applicable at the time of the offense, contained no such prohibition.
Key quotations
“There is no provision in this statute allowing any denial of benefits.” (at 7)
“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 imposition of pain and suffering.” (at 5)
Factual background
John LaFleur, age 78, severely beat his 76-year-old wife, Patricia, at their home, punching her, striking her with a cane, choking her, and repeatedly hitting her. He prevented her from leaving for approximately a week and threatened to kill her if she contacted police. When Patricia ultimately left to go grocery shopping, her daughter-in-law and Walmart employees observed extensive bruising, and police photographed injuries to her face, neck, arms, hands, shoulders, and chest. The trial court found aggravating circumstances and imposed concurrent maximum or near-maximum sentences.
Procedural history
A jury convicted LaFleur of domestic abuse battery with strangulation, simple battery, and attempted cruelty to the infirm. The trial court imposed concurrent sentences of three years at hard labor for domestic abuse battery with strangulation, six months for simple battery, and five years for attempted cruelty to the infirm; one year of the three-year sentence was ordered served without benefits. The trial court summarily denied LaFleur's motion to reconsider sentence. The court of appeal affirmed the convictions and sentences except that it amended the domestic-abuse-battery sentence to delete the unauthorized denial of benefits.