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State v. Maggio

Court of Appeal of Louisiana, Third Circuit

March 4, 2015

STATE OF LOUISIANA
v.
PHILLIP A. MAGGIO

APPEAL FROM THE TENTH JUDICIAL DISTRICT COURT, PARISH OF NATCHITOCHES, NO. C 20234. HONORABLE ERIC ROGER HARRINGTON, DISTRICT JUDGE.

AFFIRMED.

Van H. Kyzar, District Attorney, Natchitoches, Louisiana, COUNSEL FOR APPELLEE: State of Louisiana.

Edward K. Bauman, Louisiana Appellate Project, Lake Charles, Louisiana, COUNSEL FOR DEFENDANT/APPELLANT: Phillip A. Maggio.

Court composed of Marc T. Amy, John E. Conery, and David Kent Savoie, Judges.

OPINION

Page 1291

[14-1148 La.App. 3 Cir. 1] CONERY, Judge.

On May 17, 2013, Defendant, Phillip A. Maggio, was charged by bill of information with theft over $500.00, in violation of La.R.S. 14:67. On March 28, 2014, Defendant pled guilty to theft over $500.00 but less than $1500.00, in violation of La.R.S. 14:67(B)(2). On May 19, 2014, Defendant was given a sentence of five years with the Louisiana Department of Corrections. Defendant has timely appealed his sentence, claiming excessiveness. Defendant's sentence is affirmed.

FACTS AND PROCEDURAL HISTORY

Defendant was arrested for selling a pressure-washer which belonged to his father, as well as charging unauthorized purchases worth over $400.00 on his parents' Home Depot charge card on April 4, 2013.

After his arrest, Defendant was released on his own recognizance in order to attend the Fresh Start Outreach Ministry in Winnsboro, Louisiana, for a seven-month treatment program, after which he was supposed to complete an internship, go to a halfway house, then participate in an aftercare program. Defendant never made it past the first step, as he was forced to restart the Fresh Start program in August 2013 after violating rules. Defendant was then kicked out of Fresh Start for testing positive for cocaine following a visit home for Christmas.

When Defendant was kicked out of Fresh Start, rather than returning to the Natchitoches Parish Detention Center, Defendant drove off in his own vehicle after taking a staff member's phone. Defendant was subsequently returned to custody, and held without bond prior to his guilty plea.

[14-1148 La.App. 3 Cir. 2] ERRORS PATENT

In accordance with La.Code Crim.P. art. 920, all appeals are reviewed for errors patent on the face of the record. After reviewing the record, ...


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