Appealed from the Twenty-Sixth Judicial District Court for the Parish of Bossier, Louisiana. Trial Court No. 203,268. Honorable Jeff Cox, Judge.
LOUISIANA APPELLATE PROJECT By: Paula C. Marx, Counsel for Appellant.
J. SCHUYLER MARVIN, District Attorney, JOHN M. LAWRENCE, CHARLES A. SMITH, EDWARD CHARLES JACOBS, Assistant District Attorneys, Counsel for Appellee.
Before CARAWAY, MOORE, and GARRETT, JJ.
[49,805 La.App. 2 Cir. 1] GARRETT, J.
The defendant, Tamara Amo, pled guilty to one count of armed robbery pursuant to a plea agreement which dismissed three other charges. She was sentenced to 45 years at hard labor without benefit of parole, probation or suspension of sentence. She appeals her sentence as excessive. We affirm the defendant's conviction and sentence.
On November 26, 2013, the two male victims stopped at a Circle K store in Bossier City to purchase gasoline for the vehicle in which they were traveling. There they encountered the defendant and her male companion, Noel Wayne Smith, who asked them for a ride. The victims agreed. During the ride, the defendant pulled a gun on the victims and demanded their cell phones and the vehicle. Additionally, a substantial amount of cash was taken. While the vehicle was later located and returned to its owner undamaged, neither the cash nor the cell phones were ever recovered.
The defendant and Smith were subsequently arrested and charged with two counts of armed robbery and two counts of conspiracy to commit armed robbery. On May 13, 2014, the defendant pled guilty to one count of armed robbery. Pursuant to a plea agreement, the other three charges were dismissed. The trial court ordered a presentence investigation (PSI) report.
On July 1, 2014, the trial court sentenced the defendant to 45 years at hard labor without benefit of parole, probation or suspension of sentence. On July 29, 2014, the defendant filed a motion to reconsider sentence. The trial court denied the motion on July 31, 2014. The defendant now appeals her sentence as being excessive.
[49,805 La.App. 2 Cir. 2] LAW
A reviewing court imposes a two-prong test in determining whether a sentence is excessive. First, the record must show that the trial court took cognizance of the criteria set forth in La. C. Cr. P. art. 894.1. The trial court is not required to list every aggravating or mitigating circumstance so long as the record reflects adequate consideration of the guidelines of the article. State v. Smith, 433 So.2d 688 (La. 1983); State v. Shipp, 46,715 (La.App. 2d Cir. 11/2/11), 78 So.3d 805. The important elements which should be considered are the defendant's personal history (age, family ties, marital status, health, employment record), prior criminal history, seriousness of the offense and the likelihood ...