The court of appeal found the maximum term of life imprisonment as a fourth offender was not excessive, given his conduct and criminal history.In State v. Waxter , 576 So.2d 569 (La. App. 4 Cir. 1991), the defendant was masturbating at the New Orleans Moonwalk, outdoors in mid-day, and in plain view of others–including sunbathers and people waiting for the streetcar. He was sentenced as a fourth offender to the minimum term of 20 years imprisonment at hard labor, which the court of appeal found not excessive.
As she fled, the defendant stood watching her and masturbated, then chased her. The court of appeal found the maximum term of life imprisonment as a fourth offender was not excessive, given his conduct and criminal history. In State v. Waxter, 576 So.2d 569 (La. App. 4 Cir. 1991), the defendant was masturbating at the New Orleans Moonwalk, outdoors in mid-day, and in plain view of others-including sunbathers and people waiting for the streetcar. He was sentenced as a fourth offender to the minimum term of 20 years imprisonment at hard labor, which the court of appeal found not excessive. As described by the court below, the instant case involved no public exposure.
1 does not impose an unconstitutionally excessive punishment . . . The defendant by receiving a minimum sentence, was certainly not sentenced to a constitutionally excessive sentence as a fourth time felony offender." State v. Waxter, 576 So.2d 569, 571 (La.App. 4th Cir. 1991). This assignment is without merit.