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State v. Richard
Citation: 442 So. 2d 711Docket: Nos. 83KA0408, 83KA0409
Court: Louisiana Court of Appeal; November 21, 1983; Louisiana; State Appellate Court
Jacqueline Richard was charged with misdemeanor theft and contributing to the delinquency of a minor. After pleading guilty to another theft charge, she received a six-month sentence for each of the three charges, which were to run concurrently for the thefts and consecutively for the contributing charge. Richard appealed her sentences, claiming they were excessive. The court, acknowledging the wide discretion of trial courts in sentencing, determined that the trial court had properly considered relevant factors, including Richard's extensive criminal history and prior unsatisfactory probation termination. Mitigating factors concerning her family's hardships were noted but did not outweigh the need for a firm sentence. The six-month sentence for contributing to the delinquency of a minor was also deemed appropriate since Richard involved her underage brother in the theft. The court found a procedural error in how the December 15 theft charge was billed as a fifth offense, but this did not affect the classification of the charges. Richard had no right to a jury trial for the misdemeanor theft and thus her proper recourse was through writ of review, not an appeal. Consequently, the court affirmed her sentences and dismissed part of her appeal.