State of Louisiana v. Robert Earl Williams, Jr.

Summary

The Louisiana Second Circuit affirmed Robert Earl Williams, Jr.'s conviction for fourth-offense operating a vehicle while intoxicated and affirmed his 15-year hard-labor sentence. The court held that the sentence was not constitutionally excessive and that probation was discretionary under La. R.S. 14:98.4. The court vacated the $5,000 fine and remanded for compliance with the financial-hardship hearing requirements of La. C. Cr. P. art. 875.1.

Holdings

1. The sentencing record adequately reflected the trial court's consideration of the applicable aggravating and mitigating factors, including Williams's lack of felony history and the fact that he was parked rather than operating on a roadway.
2. Williams's 15-year hard-labor sentence for fourth-offense operating a vehicle while intoxicated was not constitutionally excessive.
3. Louisiana Revised Statutes § 14:98.4(A)(2)(a) does not require a sentencing court to suspend any portion of a fourth-offense operating-while-intoxicated sentence or impose probation.
4. The $5,000 fine had to be vacated because the record did not show that the trial court conducted the financial-hardship hearing required by article 875.1 or that Williams waived the hearing.

Questions Presented

1. Whether the trial court complied with Louisiana Code of Criminal Procedure article 894.1 when sentencing Williams.
2. Whether Williams's 15-year sentence for fourth-offense operating a vehicle while intoxicated was constitutionally excessive under Louisiana Constitution article I, section 20.
3. Whether Louisiana Revised Statutes § 14:98.4 required the trial court to suspend part of Williams's sentence and impose a period of supervised probation.
4. Whether the trial court's imposition of a $5,000 fine without a financial-hardship hearing complied with Louisiana Code of Criminal Procedure article 875.1.

Disposition

reversed_and_remanded