Id. In State v. Jefferson, 02–1159 (La.App. 4 Cir. 12/4/02), 834 So.2d 572, the defendant was charged with first-degree murder, convicted of manslaughter, and sentenced under La.C.Cr.P. art. 893.3 to twenty-five years at hard labor. The defendant shot the victim during an argument when the victim was drunk and the defendant was relatively sober.
This Court has held that an oral objection made at sentencing, even one stating no ground, is sufficient to preserve for review the bare ground of excessiveness. SeeState v. Jefferson, 02-1159, p. 7 (La. App. 4 Cir. 12/4/02), 834 So.2d 572, 576 (citations omitted). Under both the Eighth Amendment of the United States Constitution and Article I, § 20 of the Louisiana Constitution, the imposition of excessive and cruel punishments are prohibited.
He was also charged with three other felonies, burglary of an inhabited dwelling, illegal possession of stolen things, and second degree battery, that were dismissed as part of the plea agreement. She further declares that mid-to-high range sentences have been upheld in other manslaughter cases, citing State v. Cushman, 94-336 (La.App. 3 Cir. 11/2/94), 649 So.2d 639, writ denied, 95-2045 (La. 3/7/97), 689 So.2d 1370 (affirmed a twenty-one year old first offender's thirty-year manslaughter sentence for the death of his seventeen month old son); State v. Jefferson, 02-1159 (La.App. 4 Cir. 12/4/02), 834 So.2d 572 (affirmed a twenty-five year sentence for manslaughter under La.Code Crim.P. art. 893.3 when the defendant shot the victim during an argument); State v. Pegues, 10-1626 (La. 2/18/11), 56 So.3d 223 (affirmed a first offender's forty-year sentence for killing a sheriff's deputy); State v. Sepulvado, 10-435 (La.App. 3 Cir. 3/9/11), 59 So.3d 463, writ denied, 11-1151 (La. 11/14/11), 75 So.3d 941 (affirmed a thirty-year sentence for a twenty-six year old defendant with a prior conviction for attempted distribution of a schedule II drug); and State v. Lewis, 09-1404 (La. 10/22/10), 48 So.3d 1073 (reinstated a thirty-year sentence for a sixteen year old defendant who shot a friend in the head).
4 Cir. 1/7/15), 158 So.3d 860, 872–74 (defendant with no prior convictions charged with second degree murder and convicted of manslaughter; 30–year sentence not excessive); Sims, 11–1447, pp. 11–13, 106 So.3d at 715–16 (charged with second degree murder; convicted of manslaughter; 30–year sentence without benefit of parole not excessive); State v. Bowman, 95–0667 (La.App. 4 Cir. 7/10/96), 677 So.2d 1094 (sixteen-year-old first offender charged with second degree murder; convicted of manslaughter; 33–year sentence not excessive); State v. Jefferson, 02–1159 (La.App. 4 Cir. 12/4/02), 834 So.2d 572 (charged with first degree murder; convicted of manslaughter; sentence of 25–years not excessive). E
See State v. Cushman, 94-336 (La. App. 3 Cir. 11/2/94), 649 So.2d 639, writ denied, 95-2045 (La.3/7/97), 689 So.2d 1370. See also State v. Jefferson, 02-1159 (La.App. 4 Cir. 12/4/02), 834 So.2d 572. See also State v. Pegues, 09-1089 (La.App. 3 Cir. 6/9/10), 43 So.3d 1008.
Taking King's relationship with the victim and his lack of a prior felony record, the fifth circuit did not find the sentence was such that shocked its sense of justice. The accused in State v. Jefferson, 02-1159 (La.App. 4 Cir. 12/4/02), 834 So.2d 572, was convicted of manslaughter by a jury and sentenced to twenty-five years imprisonment. After drinking and ingesting cocaine, he and the victim, who had become very drunk, and another friend of the victim's, went to the victim's apartment.
This Court has also upheld longer sentences for manslaughter than that imposed on the appellant. In State v. Jefferson, 2002-1159 (La.App. 4 Cir. 12/4/02), 834 So.2d 572, this Court upheld the defendant's twenty-five-year sentence. The defendant and the victim argued, and then the defendant shot the victim and another man, also taking their money.
4 Cir. 12/28/94), 648 So.2d 494, 495-96.See also State v. Jefferson, 2002-1159, p. 7 (La.App. 4 Cir. 12/4/02), 834 So.2d 572, 576; State v. Thompson, 98-0988 (La.App. 4 Cir. 1/26/00), 752 So.2d 293.