After reviewing similar cases, this Court affirmed defendant's sentence, finding that the mid-range, sixty-year sentence was not excessive and did not "shock our sense of justice." See alsoState v. Tyler , 01-1038 (La. App. 5 Cir. 3/26/02), 815 So.2d 205 (sixty years at hard labor for second felony offender was not excessive for a defendant convicted of attempted second degree murder for repeatedly stabbing his girlfriend); State v. Martinez , 09-1057 (La. App. 5 Cir. 5/25/10), 40 So.3d 1113 (ninety-nine years at hard labor for second felony offender convicted of attempted second degree murder was not excessive, where the defendant stabbed his employer eighteen times and then left him to die in a yard); and State v. Hills , 98-507 (La. App. 4 Cir. 1/20/99), 727 So.2d 1215 (one hundred-year sentence imposed upon twenty-year old defendant as a second felony offender for attempted second degree murder was not excessive, where the defendant shot the victim multiple times with a rifle).

See La. R.S. 14:2. This Court has previously upheld a sixty-year enhanced sentence for a defendant convicted of attempted second-degree murder as a second felony offender. See State v. Tyler, 01–1038 (La.App. 5 Cir. 3/26/02), 815 So.2d 205. Considering that defendant's prior conviction was also a crime of violence and given the facts of this case, which involved multiple gunshot wounds to more than one victim, we find the trial judge did not abuse her great discretion in imposing a mid-range sixty-five-year enhanced sentence. Accordingly, we find defendant's enhanced sentence as a second felony offender is not unconstitutionally excessive.

See, State v. Snyder,97–226 (La.App. 5 Cir. 9/30/97), 700 So.2d 1082, 1090(fifty years at hard labor for second felony offender not constitutionally excessive where offender, who was on parole, was convicted of attempted second degree murder for firing three shots at the victim in a drug-related incident); State v. Tyler,01–1038 (La.App. 5 Cir. 3/26/02), 815 So.2d 205(sixty years at hard labor for second felony offender not constitutionally excessive for defendant convicted of attempted second degree murder for stabbing his girlfriend's daughter and his girlfriend seven times); State v. Martinez,09–1057 (La.App. 5 Cir. 5/25/10), 40 So.3d 1113(ninety-nine years at hard labor for second felony offender not constitutionally excessive for defendant convicted of attempted second degree murder for stabbing his employer eighteen times and leaving him to die). The review of sentences under La. Const. Art. 1, § 20does not provide an appellate court with a vehicle for substituting its judgment for that of a trial judge as to what punishment is most appropriate in a given case.

Similarly situated defendants who have been convicted of attempted second degree murder and sentenced as second felony offenders have received greater sentences. See, State v. Snyder, 97–226 (La.App. 5 Cir. 9/30/97), 700 So.2d 1082, 1090 (50 years at hard labor for second felony offender not constitutionally excessive where offender, who was on parole, was convicted of attempted second degree murder for firing three shots at the victim in a drug-related incident); State v. Tyler, 01–1038 (La.App. 5 Cir. 3/26/02), 815 So.2d 205 (60 years at hard labor for second felony offender not constitutionally excessive for defendant convicted of attempted second degree murder for stabbing his girlfriend's daughter and his girlfriend seven times). Here, defendant, while driving on a major thoroughfare in Jefferson Parish, fired a gun into the victim's vehicle, wounding the victim in the hand and both of his elbows.

A review of Louisiana jurisprudence also shows that lesser sentences have been imposed and affirmed for defendants convicted of attempted second degree murder and subsequently found to be second felony offenders. See State v. George, 09-143 (La.App. 3 Cir. 10/7/09), 19 So.3d 614; State v. Tyler, 01-1038 (La.App. 5 Cir. 3/26/02), 815 So.2d 205; and State v. Snyder, 97-226 (La.App. 5 Cir. 9/30/97), 700 So.2d 1082. After considering the case law and the sentences received for more egregious crimes and criminals, we note that defendant's ninety-nine year sentence appears somewhat high.

He was sentenced to one hundred years at hard labor for attempted second degree murder, along with sentences of thirty years for aggravated burglary and ten years for sexual battery. The defendant in State v. Tyler, 01-1038 (La.App. 5 Cir. 3/26/02), 815 So.2d 205, was a second felony offender convicted of attempted second degree murder. He was sentenced to sixty years at hard labor.

His sentence was not, therefore, vindictive. See also, State v. Tyler, 01-1038 (La.App. 5th Cir.3/26/02), 815 So.2d 205. Further, in Bordenkircher v. Hayes, 434 U.S. 357, 98 S.Ct. 663, 54 L.Ed.2d 604 (1978), the United States Supreme Court stated:

His sentence was not, therefore, vindictive. See also, State v. Tyler, 01-1038 (La.App. 5th Cir. 3/26/02), 815 So.2d 205. Defendant further argues that his sentence constitutes cruel and unusual punishment under the constitution.