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State v. Braden

Supreme Court of Louisiana
Apr 9, 2024
No. 2023-KO-01428 (La. Apr. 9, 2024)

Opinion

2023-KO-01428

04-09-2024

STATE OF LOUISIANA v. TYRONE TERRY BRADEN


IN RE: Tyrone Terry Braden - Applicant Defendant; Applying For Writ Of Certiorari, Parish of Caddo, 1st Judicial District Court Number(s) 372,153, Court of Appeal, Second Circuit, Number(s) 55,275-KA;

Writ application denied.

JLW

JDH

SJC

JTG

WJC

JBM

PDG

Crichton, J., additionally concurs and assigns reasons.

CRICHTON, J., additionally concurs and assigns reasons:

Having received the maximum sentence for the crime of second degree battery, La. R.S. 14:34.1, defendant complains that the district court declined to order a presentence investigation (PSI) report, implicitly suggesting that it would have contained mitigation evidence. While a PSI report is not required by law, see La.C.Cr.P. art. 875, compliance with La.C.Cr.P. art. 894.1 is, of course, mandatory. First Judicial District Court Judge Donald E. Hathaway, Jr., who presided over defendant's jury trial and sentencing hearing, fully adhered to its requirements.

Before imposing the eight-year sentence, Judge Hathaway stated for the record the considerations he took into account. Among other factors, he noted the violent nature of the offense involving a dangerous weapon, opined that a lesser sentence would deprecate the seriousness of the crime, and found that defendant needed correctional, custodial treatment. He also correctly considered defendant's previous felony convictions, including a similar aggravated battery. Defendant had an opportunity to present mitigation evidence at his sentencing hearing, but apparently chose to present little or none. Weighing all of these factors, the eight-year hard labor sentence imposed is not "grossly out of proportion to the severity of the crime," does not "shock[] the sense of justice," State v. Weaver, 2001-0467, p. 11 (La. 1/15/02), 805 So.2d 166, 174, and, in my view, is abundantly warranted under the law and facts of this case.


Summaries of

State v. Braden

Supreme Court of Louisiana
Apr 9, 2024
No. 2023-KO-01428 (La. Apr. 9, 2024)
Case details for

State v. Braden

Case Details

Full title:STATE OF LOUISIANA v. TYRONE TERRY BRADEN

Court:Supreme Court of Louisiana

Date published: Apr 9, 2024

Citations

No. 2023-KO-01428 (La. Apr. 9, 2024)