State v. White

Summary

The Supreme Court of Louisiana reviewed the defendant’s conviction for fourth or subsequent offense driving while intoxicated and the reduction of his sentence by the court of appeal. The court held that the trial court did not abuse its broad sentencing discretion in imposing a 20-year term without suspension of sentence, probation, or parole. It reversed the court of appeal, reinstated the sentence, and remanded for execution with an amended commitment.

Holdings

1. The court of appeal erred by substituting its determination of an appropriate penalty for the trial court's discretionary sentencing judgment.
2. The twenty-year sentence for fourth or subsequent DWI was not an abuse of discretion or constitutionally excessive on the record presented.

Questions Presented

1. Whether the trial court abused its broad sentencing discretion by imposing a twenty-year sentence without benefit of suspension of sentence, probation, or parole for a fourth or subsequent DWI offense.
2. Whether the court of appeal improperly substituted its judgment for that of the trial court by reducing the sentence from twenty years to ten years.
3. Whether the case should be remanded for execution of the reinstated sentence and clarification of the sentence's restrictions in the commitment.

Disposition

reversed_and_remanded