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State v. Shaw

Court of Appeals of Louisiana, Second Circuit

May 20, 2015

STATE OF LOUISIANA, Appellee
v.
DONNY R. SHAW, Appellant

Page 1186

Appealed from the Fifth Judicial District Court for the Parish of Franklin, Louisiana. Trial Court No. 2012-298F. Honorable James M. Stephens, Judge.

PEGGY J. SULLIVAN, Louisiana Appellate Project, Counsel for Appellant.

DONNY R. SHAW, Pro se.

JOHN M. LANCASTER, District Attorney; PENNY DOUCIERE, WILLIAM R. BARHAM, Assistant District Attorneys, Counsel for Appellee.

Before BROWN, CARAWAY and PITMAN, JJ.

OPINION

Page 1187

[49,876 La.App. 2 Cir. 1] CARAWAY, J.

Donny R. Shaw pled guilty to aggravated second degree battery and was sentenced to 14 years at hard labor, concurrent with any other sentence previously imposed. Shaw has appealed arguing the excessiveness and illegality of the sentence imposed. We affirm.

Facts

On June 8, 2012, Donny R. Shaw was charged by bill of information with attempted second degree murder and second degree battery arising from an altercation between Shaw and his girlfriend at the couple's home on May 14, 2012. After Shaw struck the woman during an argument, she fled the home with Shaw firing multiple gunshots at her. During a subsequent tussle between the two, the woman received a concussion after she fell and hit her head on concrete. Shaw denied possessing a weapon at the time of the incident, although witnesses confirmed hearing shots fired. Police recovered a shell casing in the carport.

As the result of a plea agreement, Shaw pled guilty to an amended charge of aggravated second degree battery with the dismissal of the second degree battery charge by the state. A presentence investigation (" PSI" ) was ordered by the trial court and on June 24, 2014, Shaw was sentenced to 14 years at hard labor, concurrent with any previously imposed sentence. After the denial of a motion to reconsider sentence, this appeal ensued.

Discussion

In a counseled assignment of error, Shaw argues that the near maximum sentence is constitutionally excessive given the fact that there was little physical evidence to support the claim that he fired three shots toward [49,876 La.App. 2 Cir. 2] the victim or attempted to kill her. Shaw also argues that his criminal history reflects substance abuse problems rather than violent offenses. In a pro se brief, Shaw contends that the sentence was illegally ...


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