PETTIGREW, J.
Defendant, Michael D. Bouquet, was charged by bill of information with possession of a Schedule II controlled dangerous substance (methamphetamine), a violation of La. R.S. 40:967(C)(2) (count one), and creation or operation of a clandestine laboratory, a violation of La. R.S. 40:983 (count two). He pled not guilty to each count. Following a jury trial, defendant was found guilty of the responsive offenses of attempted possession of a Schedule II controlled dangerous substance, a violation of La. R.S. 14:27, 40:967(C)(2), and 40:979(A); and attempted creation or operation of a clandestine laboratory, a violation of La. R.S. 14:27, 40:979(A), and 40:983. Defendant filed motions for new trial, in arrest of judgment, and for postverdict judgment of acquittal, all of which the trial court denied. On count one, the trial court sentenced defendant to two years at hard labor; on count two, the trial court sentenced defendant to five years at hard labor. The trial court ordered these sentences to run concurrently with each other, but consecutive to a sentence defendant is serving as a result of having his probation revoked in East Baton Rouge Parish.
Defendant now appeals, alleging that his sentences are excessive and that his trial counsel was ineffective for failing to file a motion to reconsider his sentences. For the following reasons, we affirm defendant's convictions and sentences.
On October 12, 2014, Deputy Chase Migues of the Livingston Parish Sheriff's Office was dispatched to investigate a report of suspicious vehicles at a residence located at 9924 Chapel Hill Drive. Shortly after arriving at the scene, Deputy Migues made contact with defendant, who approached him after walking from the rear of the residence. Defendant told Deputy Migues that he had been looking for a chain he intended to borrow from the homeowner, who apparently was not present. Deputy Migues made contact with the homeowner's father, who informed him that no one should have been at the residence at that time. Deputy Migues then asked defendant for consent to search his vehicle, and defendant assented.
Upon searching the center console of defendant's vehicle, Deputy Migues found syringes and alcohol wipes. Defendant initially stated that these items belonged to his diabetic mother, but he later admitted that he used them to shoot methamphetamine. Deputy Migues placed defendant under arrest and continued to search the vehicle. In the trunk, Deputy Migues found a speaker box containing camp fuel and a blender with a ground, white powder. Defendant admitted that the powdery substance was used to make methamphetamine, and Deputy Migues later determined this substance to be Sudafed. Defendant told Deputy Migues that he had received these items from the homeowner, who instructed defendant to bring them to the residence.
The day following his arrest, defendant spoke with Livingston Parish Sheriff's Deputy Carl Childers. Deputy Childers reviewed with defendant the electronic NPLEX (National Precursor Log Exchange) logs of his completed and blocked purchases of pseudoephedrine for 2014. Defendant admitted to purchasing boxes of medications containing pseudoephedrine in order to trade them for methamphetamine.
In related assignments of error, defendant argues that the trial court erred in imposing an unconstitutionally excessive sentence and that trial counsel was ineffective for failing to file a motion to reconsider sentence.
As defendant recognizes, the record does not contain an oral or written motion to reconsider sentence. One purpose of the motion to reconsider sentence is to allow the defendant to raise any errors that may have occurred in sentencing while the trial court still has the jurisdiction to change or correct the sentence. The defendant may point out such errors or deficiencies, or may present argument or evidence not considered in the original sentencing, thereby preventing the necessity of a remand for resentencing.
In the interest of judicial economy, however, we will review defendant's excessiveness argument in order to address the claim of ineffective assistance of counsel.
As a general rule, a claim of ineffective assistance of counsel is more properly raised in an application for postconviction relief in the trial court rather than by appeal. This is because postconviction relief provides the opportunity for a full evidentiary hearing under La. Code Crim. P. art. 930.
The claim of ineffective assistance of counsel is to be assessed by the two-part test of
The failure to file a motion to reconsider sentence in itself does not constitute ineffective assistance of counsel.
Article I, Section 20 of the Louisiana Constitution prohibits the imposition of excessive punishment. Although a sentence may be within statutory limits, it may violate a defendant's constitutional right against excessive punishment and is subject to appellate review.
Louisiana Code of Criminal Procedure article 894.1 sets forth the factors for the district court to consider when imposing sentence. While the entire checklist of Article 894.1 need not be recited, the record must reflect that the district court adequately considered the criteria.
In the instant case, for defendant's conviction for attempted possession of methamphetamine, he was exposed to a term of imprisonment with or without hard labor for not more than two-and-one-half years and a fine of not more than $2,500.00.
Defendant argues that the trial court failed to consider the factors delineated in Article 894.1 in imposing the above sentences. Defendant contends that his methamphetamine addiction was a strong provocation for his actions, mitigating his culpability for these offenses.
As noted by defendant, the trial court failed to state that it had considered the sentencing guidelines of Article 894.1. Similarly, the trial court did not provide a substantial discussion as to the reasons for the sentences imposed. Nevertheless, despite the trial court's failure to more fully articulate the factual basis for defendant's sentences, our review indicates that the sentences are not apparently severe in relation to the particular offender or the particular offenses. The sentences imposed by the trial court were not the maximum possible sentences. Further, defendant's rap sheet, which is included as part of the record, indicates a clear history of repeated criminality dating back to at least 1989. Defendant's prior offenses include numerous drug offenses, including at least one prior conviction for creation or operation of a clandestine laboratory.
On appellate review of a sentence, the relevant question for the reviewing court is whether the trial court abused its broad sentencing discretion, and not whether other sentences might have been more appropriate.
Defendant has failed to make an adequate showing on appeal that a properly filed motion to reconsider sentence would have resulted in the trial court amending his sentences. Therefore, even if we were to conclude that defendant's trial counsel performed deficiently in not filing a motion to reconsider sentence, defendant failed to show that he was prejudiced in this regard.