State v. Dickerson

¶1ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF EAST BATON ROUGE

¶2Denied.

¶3CRICHTON, J., additionally concurs and assigns reasons *1063I agree with the court's decision to decline supervisory jurisdiction. However, I write separately to emphasize that defendant was found guilty of second degree battery based on evidence establishing that he engaged in a violent and unprovoked attack that resulted in serious and substantial injuries to the victim. SeeState v. Dickerson, 16-1336, pp. 2-3 (La. App. 1 Cir. 4/12/17), 218 So.3d 633, 637 (testimonial evidence established that defendant hit the victim multiple times, resulting in an orbital blowout fracture, a hematoma behind his injured eyeball, a nasal bone fracture, and ten stitches required in his face). The State appropriately filed a habitual offender bill, deeming defendant an adjudicated fourth-felony offender based on predicate felonies that are all crimes of violence (purse snatching, armed robbery, and simple robbery).1 Although the defendant claims a life sentence is unconstitutionally excessive because the present victim did not die from the injuries he inflicted, I believe the sentence imposed by the trial court is warranted by defendant's repeated recourse to violence, and that the State wisely exercised the discretion to pursue recidivist sentence enhancement to promote public safety.