Appealed from the Twenty-Sixth Judicial District Court for
the Parish of Bossier, Louisiana Trial Court No. 226, 180
Honorable Michael Owens Craig, Judge
LOUISIANA APPELLATE PROJECT By: Mary Constance Hanes Counsel
SCHUYLER MARVIN District Attorney ALEXANDRA AIELLO JOHN
MICHAEL LAWRENCE Assistant District Attorneys Counsel for
STONE, McCALLUM, and BLEICH (Pro Tempore), JJ.
defendant, Jamie Roshard Woods, pled guilty to one count of
illegal possession of stolen goods in excess of $1, 500
pursuant to La. R.S. 14:69(B)(1). He was sentenced to 8 years
at hard labor with credit for time served. The defendant now
appeals his sentence on the grounds of constitutional
excessiveness. For the following reasons, we affirm his
conviction, vacate his sentence and remand for resentencing
in accordance with the penalty provisions in effect at the
time of the commission of the offense.
November 5, 2017, Jamie Roshard Woods attempted to sell a
stolen four-wheeler to law enforcement officers in Bossier
Parish. Woods was arrested and charged with one count of
illegal possession of stolen things valued over $1, 500. On
February 27, 2018, Woods pled guilty as charged after being
informed of and waiving his constitutional rights with no
agreement as to sentencing, and the trial court ordered a
presentence investigation report.
appeared for sentencing on May 22, 2018. Prior to imposing
sentence, the trial court noted its review of the presentence
investigation report and consideration of the guidelines of
La.C.Cr.P. art. 894.1, which required the court to balance
aggravating and mitigating factors to determine Woods'
overall sentencing exposure.
sentencing, the trial court noted that consideration was
given to the defendant's social history, including
upbringing, education and background, and that "a lot of
weight" was given to criminal history. To that point,
the trial court expressed that Woods lacked "a good
criminal history." Although the present offense is
Woods' only crime in Louisiana, the trial court noted
Woods' criminal history began in 2004 and even spanned
across "several cities throughout Oklahoma and
reviewing Woods' criminal history, the trial court
determined that Woods was not eligible for probation, had
several previous crimes of violence on his record and that
any lesser sentence than the one imposed would deprecate the
seriousness of the present offense. The trial court
considered the "repetitive nature" of Woods'
criminal history and imposed a sentence of 8 years at hard
labor, with credit for time served.
the trial court informed Woods of his appellate delays
including delays for seeking post-conviction
relief." On May 24, 2018, Woods filed a motion to
reconsider sentence raising only an excessive sentence claim,
but without any specific argument. On May 24, 2018, the trial
court summarily denied Woods' motion. This appeal ensued.
appeal, Woods argues that his 8-year sentence for illegal
possession of stolen things with a value of $1500 or more is
excessive under the circumstances pointing out that under the
current version of La. R.S. 14:69(B), the maximum sentence
exposure is only 5 years with or without hard labor. For this
reason, Woods asserts that the penalty change is dramatic
because it reduces the maximum sentence that can now ...