Summary
The Louisiana Second Circuit Court of Appeal affirmed Damion Cain’s 60-year habitual-offender sentence for home invasion. The court held that the sentence was not constitutionally excessive in light of the violent nature of the offense, Cain’s criminal history, and the statutory sentencing range. Because Cain did not file a motion to reconsider his sentence, appellate review was limited to constitutional excessiveness.
Holdings
- The 60-year sentence was not constitutionally excessive because it was within the statutory range for a habitual offender and was not grossly disproportionate to the violent home-invasion offense or Cain's extensive history of recidivism.
- Cain's failure to file a motion to reconsider sentence limited appellate review to constitutional excessiveness and precluded broader review of the sentence.
Questions Presented
- Whether Cain's 60-year habitual-offender sentence for home invasion was constitutionally excessive under La. Const. art. I, § 20.
- Whether Cain was entitled to broader appellate review of his sentence despite failing to file a motion to reconsider sentence.
Disposition
affirmed
Cases Cited (9)
- State v. Cain, 56,870 (La. App. 2 Cir. 5/20/26)(cited)
- State v. Kennon, 19-00998 (La. 9/1/20), 340 So. 3d 881(distinguished)
- State v. Horton, 53,534 (La. App. 2 Cir. 11/18/20), 306 So. 3d 605(cited)
- State v. Cook, 95-2784 (La. 5/31/96), 674 So. 2d 957(cited)
- State v. Weaver, 01-0467 (La. 1/15/02), 805 So. 2d 166(cited)
- State v. Jackson, 52,606 (La. App. 2 Cir. 4/10/19), 268 So. 3d 1217(cited)
- State v. Dorthey, 623 So. 2d 1276 (La. 1993)(cited)
- State v. Parker, 54,947 (La. App. 2 Cir. 3/1/23), 358 So. 3d 220(cited)
- State v. Nabors, 53,357 (La. App. 2 Cir. 4/22/20), 295 So. 3d 974(cited)
Cited In (0)
No citing cases on record yet.
Court Document
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