Preview:

Judgment rendered January 14, 2009. Application for rehearing may be filed within the delay allowed by Art. 922, La. C.Cr.P.
No. 43,810-KA

COURT OF APPEAL
SECOND CIRCUIT
STATE OF LOUISIANA

* * * * *

STATE OF LOUISIANA Appellee
versus
DARRIUS M. JOHNSON Appellant
* * * * *

Appealed from the
Fourth Judicial District Court for the
Parish of Ouachita, Louisiana
Trial Court No. 06F2567

Honorable Hamilton Stephens Winters, Judge

* * * * *

LAVALLE BERNARD SALOMON Counsel for Appellant
JERRY L. JONES Counsel for District Attorney Appellee
GEARY STEPHEN AYCOCK Assistant District Attorney
* * * * *
Before BROWN, CARAWAY and DREW, JJ.
DREW, J.:

Darrius Johnson appeals his sentence as excessive.  We affirm.

CHRONOLOGY
On August 25, 2006, the defendant shot and wounded Anthony Landers, and shot and killed Frank Landers.
Initially charged with one count of second degree murder and one count of attempted second degree murder, the defendant was allowed to plead guilty to one count of manslaughter and one count of aggravated battery.  There was no agreed-upon sentence, nor was there an agreed-upon cap.
The defendant was first sentenced to 28 years at hard labor on the manslaughter count, and five years at hard labor on the aggravated battery count, all to be served consecutively.
Pursuant to a motion for reconsideration, the trial court vacated its original sentences, then sentenced the defendant to 20 years at hard labor on the manslaughter count, and three years at hard labor on the aggravated battery count, all to be served consecutively.  This is the sentence Johnson now appeals.

EXCESSIVENESS
Our law on reviewing allegedly excessive sentences is well settled.1
1 The test imposed by the reviewing court in determining the excessiveness of a sentence is two-pronged.  
First, the record must show that the trial court took cognizance of the criteria set forth in La. C. Cr. P. art. 894.1.  The trial judge is not required to list every aggravating or mitigating circumstance so long as the record reflects that he adequately considered the guidelines of the article. State v. Smith, 433 So. 2d 688 (La. 1983); State v. Lathan, 41,855 (La. App. 2d Cir. 2/28/07), 953 So. 2d 890, writ denied, 2007-0805 (La. 3/28/08), 978 So. 2d 297.  The articulation of the factual basis for a sentence is the goal of La. C. Cr. P. art. 894.1, not rigid or mechanical compliance with its provisions.  Where the record clearly shows an adequate factual basis for the sentence imposed, remand is unnecessary even where there has not been full compliance with La. C. Cr. P. art. 894.1.
The record reflects that the trial court, at sentencing, noted:

Download 43810ka.pdf

Louisiana Law