STATE v. COZZETTO, 42,259 (La.App. 2 Cir. 9/13/07)

DREW, J., dissenting from the denial of rehearing:Page 2

The sentences of the learned trial court should be upheld, for these reasons:

• Defendant's combined sentencing exposure on the two charges was imprisonment up to five and one-half years and aggregate fines totaling $2,500. His sentence was five years with no fine. Accordingly, he did not receive the maximum sentence.

• Neither the state nor the defendant requested a sentencing hearing, but it is apparent from the record that the victim suffered a broken femur near the hip bone, and a shattered knee.

• After being helped out of his car, defendant shoved his rescuers aside and fled the scene, never checking on his seriously-injured victim.

• Defendant's BAC was three to four times the legal limit.

• Defendant has a college degree, so he certainly knew better.

• Even though the prior arrest was pled down to reckless operation, it is hard to imagine a DUI 2^nd charge, without a previous DUI being involved.

• To characterize either DUI 2^nd matter or reckless operation as a "ticket" certainly deprecates the seriousness of those crimes, each of which is listed in Title 14's LA Criminal Code, not in Title 32.

• If we are, indeed, supposed to give the sentencing court great discretion, this case would be a good place to start.

The record adequately supports the trial court's sentences, so I must respectfully dissent to the denial of the rehearing application.