State of Louisiana v. Mason N. Godfrey

CourtLouisiana Court of Appeal
DecidedMarch 3, 2010
DocketKA-0008-1231
StatusUnknown

This text of State of Louisiana v. Mason N. Godfrey (State of Louisiana v. Mason N. Godfrey) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Louisiana v. Mason N. Godfrey, (La. Ct. App. 2010).

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

08-828 and 08-1231

STATE OF LOUISIANA

VERSUS

MASON GODFREY

************

APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU, NO. 16,993-05 HONORABLE ARTHUR J. PLANCHARD, DISTRICT JUDGE

JIMMIE C. PETERS JUDGE

Court composed of Sylvia R. Cooks, John D. Saunders, and Jimmie C. Peters, Judges.

ADJUDICATION AND SENTENCE VACATED, AND REMANDED.

Terri R. Lacy James “David” Caldwell, Jr. Harrell “Butch” Wilson, Jr. Assistant Attorneys General Louisiana Department of Justice Post Office Box 94005 Baton Rouge, LA 70804-9005 (225) 326-6200 COUNSEL FOR APPELLEE: State of Louisiana

Peggy J. Sullivan Louisiana Appellate Project Post Office Box 2775 Monroe, LA 71207-2775 (318) 387-6124 COUNSEL FOR DEFENDANT/APPELLANT: Mason Godfrey

Mason Godfrey Louisiana State Penitentiary Angola, LA 70212 PRO SE PETERS, J.

This matter was previously before us in the form of two separate appeals. The

first addressed the defendant’s conviction of intimidation of a public officer, a

violation of La.R.S. 14:122, and his three-year hard labor sentence. State v. Godfrey,

08-828 (La.App. 3 Cir. 2/18/09), 4 So.3d 265. However, before the defendant

perfected his appeal of that conviction and sentence, the State of Louisiana (state)

filed pleadings to have him adjudicated as a habitual offender and sentenced

accordingly. The trial court subsequently adjudicated him as a fourth felony offender

and sentenced him to serve twenty-five years at hard labor, without benefit of

probation, parole, or suspension of sentence. The multiple offender adjudication and

sentence gave rise to the second appeal. State v. Godfrey, 08-1231 (La.App. 3 Cir.

2/18/09), 4 So.3d 272. It is this second appeal which is the subject of this opinion.

When this matter was previously before us, we vacated the defendant’s

adjudication and sentence as a multiple offender, but only because we vacated his

conviction for intimidation of a public officer and entered a verdict of guilty of the

misdemeanor lesser and included offense of threatening a public official, a violation

of La.R.S. 14:122.2. Godfrey, 4 So.3d 265. Thus, we did not consider the merits of

the appeal itself.

The supreme court granted the state’s supervisory writ application, reinstated

the defendant’s conviction and underlying sentence of three years and remanded the

matter to this court to consider the issues raised concerning the habitual offender

adjudication and sentence imposed thereunder. State v. Godfrey, 09-K-0630 (La.

12/1/09), 6 So.3d 801. We now address the three assignments of error raised by the

defendant in his appeal of his habitual offender adjudication and sentence:

I. It was error to adjudicate Mr. Godfrey a fourth felony offender. II. The sentence of twenty-five years without benefit of probation, parole or suspension of sentence was excessive.

III. As the sentence imposed was excessive, the Trial Court’s denial of the Motion to Reconsider Sentence was error.

OPINION

Louisiana Revised Statutes 15:529.1 provides enhanced penalties for anyone

convicted of a felony and who has previously been convicted of felony offenses. The

underlying convictions which form the basis of the defendant’s adjudication include

a 1984 Louisiana conviction for aggravated battery, a violation of La.R.S. 14:34; a

1979 Louisiana conviction for accessory to manslaughter, a violation of La.R.S.

14:31 and 14:25; and a 1976 Texas conviction for aggravated assault on a peace

officer. Any conviction of an offense under the laws of another state may be used to

enhance the penalty if the offense would have been a felony had it been committed

under the laws of this state. La.R.S. 15:529.1(A)(1). The defendant admits

committing the offenses and does not challenge the two Louisiana convictions.

Instead, he argues in his first assignment of error that the Texas conviction would not

have been a felony in Louisiana and, therefore, should not have been used to enhance

his sentence.

In 1974, the State of Texas convicted the defendant of aggravated assault of a

peace officer. At that time, Texas law defined an assault as an offense which:

(1) intentionally, knowingly, or recklessly causes bodily injury to another; or

(2) intentionally or knowingly threatens another with imminent bodily injury; or

(3) intentionally or knowingly causes physical contact with another when he knows or should reasonably believe that the other will regard the contact as offensive or provocative.

2 Tex. Penal Code Ann. § 22.01(a) (Vernon 1974).

As defined in this statute, the offense of assault was a misdemeanor. Tex. Penal Code

Ann. § 22.01(b) (Vernon 1974). However, Texas law also provided for a felony

grade assault:

(a) A person commits an offense if he commits assault as defined in Section 22.01 of this code and he:

(1) causes serious bodily injury to another;

(2) causes bodily injury to a peace officer in the lawful discharge of official duty when he knows or has been informed the person assaulted is a peace officer; or

(3) uses a deadly weapon.

(b) The actor is presumed to have known the person assaulted was a peace officer if he was wearing a distinctive uniform indicating his employment as a peace officer.

(c) an offense under this section is a felony of the third degree.

Tex. Penal Code Ann. § 22.02 (Vernon 1974) (emphasis added).

Thus, in 1974, the State of Texas drew a distinction between an assault on an

individual, generally, and an assault on an individual who happened to be in his

employment as a peace officer at the time of the assault. To reach a felony grade

assault on an individual generally, the offense would have to cause “serious bodily

injury.” However, assault on a peace officer required only “bodily injury” to

constitute a felony. “Bodily injury” was defined in Tex. Penal Code Ann. § 1.07(7)

(Vernon 1974), as “physical pain, illness, or any impairment of physical condition.”

(Emphasis added.)

The defendant admits his conviction under Texas law for aggravated assault

on a peace officer, and he acknowledges that the offense was a felony grade offense

under Texas law. However, he argues that at the time of the Texas offense, there

3 existed no corresponding felony statute in Louisiana. That is to say, had he been

convicted in Louisiana, his offense would have been a misdemeanor.

In order for a conviction from another state to serve as a predicate felony for enhancement purposes, the conviction must be for a “crime which, if committed in this State would be a felony. . . .” LSA-R.S. 15:529.1(A)(1). Louisiana courts must determine the analogous state crime according to the nature of the act involved, not the penalty provided for the offense in the foreign jurisdiction. State v. Carouthers, 618 So.2d 880, 882 (La.1993).

State v. Grimes, 09-2, p. 13 (La.App. 4 Cir. 5/26/09), 16 So.3d 418, 427.

A reading of the Texas statute, as it existed in 1974, clearly establishes that

battery and assault were considered the same offense in that state while Louisiana

defined them as separate offenses.

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Related

State v. Kennerson
695 So. 2d 1367 (Louisiana Court of Appeal, 1997)
State v. Grimes
16 So. 3d 418 (Louisiana Court of Appeal, 2009)
State v. Godfrey
4 So. 3d 265 (Louisiana Court of Appeal, 2009)
State v. Hayes
670 So. 2d 683 (Louisiana Court of Appeal, 1996)
State v. Carouthers
618 So. 2d 880 (Supreme Court of Louisiana, 1993)
State v. Godfrey
4 So. 3d 272 (Louisiana Court of Appeal, 2009)

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State of Louisiana v. Mason N. Godfrey, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-louisiana-v-mason-n-godfrey-lactapp-2010.