STATE v. HOWARD (2020)

Writ application denied.

I believe that the sentence imposed is excessive and disproportionate to the offense committed. Twenty years ago, this defendant was driving a stolen vehicle when police tried to stop him. A car chase ensued that endangered other road users and police. The only person harmed in the chase was the defendant, who was shot in the eye and the arm by police. Howard was convicted of aggravated flight from an officer, unauthorized use of a vehicle, and aggravated criminal damage to property. He was sentenced to life in prison as a habitual offender.

Defendant's offense in the instant case was aggravated criminal damage to property. Now 63, the defendant has already served nearly twenty years in prison at a cost of approximately $456,000 to taxpayers. Imposing a sentence designed for him to die in prison, because he committed aggravated criminal damage to property twenty years ago, is disproportionate to the offense and a needless—and expensive—imposition of pain and suffering. Therefore, though authorized by law, it is excessive under Article 1, § 20 of the Louisiana Constitution and violates the Eighth Amendment to the United States Constitution. Solem v. Helm, 463 U.S. 277, 103 S.Ct. 3001, 77 L.Ed.2d 637 (1983); State v. Sepulvado, 367 So.2d 762 (La. 1979); State v. Dorthey, 623 So.2d 1276 (La. 1993); State v. Johnson, 709 So.2d 672 (La. 1998).

Johnson, C.J., would grant and assigns reasons. Hughes, J., would grant. Genovese, J., would grant for reasons assigned by Chief Justice Johnson. Crichton, J., recused.