State of Louisiana Versus Ron C. Youngblood

Opinion

STATE OF LOUISIANA NO. 18-KA-445

VERSUS FIFTH CIRCUIT

RON C. YOUNGBLOOD COURT OF APPEAL

STATE OF LOUISIANA

ON REMAND FROM THE LOUISIANA SUPREME COURT ON APPEAL FROM THE TWENTY-THIRD JUDICIAL DISTRICT COURT PARISH OF ST. JAMES, STATE OF LOUISIANA NO. 72,64, DIVISION "C" HONORABLE KATHERINE TESS STROMBERG, JUDGE PRESIDING

December 09, 2020

MARC E. JOHNSON JUDGE

Panel composed of Judges Marc E. Johnson, Stephen J. Windhorst, and John J. Molaison, Jr.

CONVICTION AND SENTENCE FOR COUNT THREE AFFIRMED; CONVICTION AND SENTENCE FOR COUNT ONE VACATED; REMANDED MEJ SJW JJM COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Ricky L. Babin Lindsey D. Manda

COUNSEL FOR DEFENDANT/APPELLANT, RON C. YOUNGBLOOD Ron C. Youngblood Lieu T. Vo Clark JOHNSON, J.

On remand from the Louisiana Supreme Court and pursuant to its order, this

Court conducts a new errors patent review of Defendant, Ron Youngblood’s,

convictions and sentences in light of Ramos v. Louisiana, 590 U.S. ––––, 140 S.Ct.

1390, 206 L.Ed.2d 583 (2020). See, State v. Youngblood, 19-1160 (La. 6/3/20);

296 So.3d 1022. For the following reasons, we find that Defendant is entitled to a

new trial on count one, vacate Defendant’s conviction and sentence on count one,

and remand the matter to the trial court for further proceedings.

FACTS AND PROCEDURAL HISTORY

Defendant, Ron Youngblood, was indicted by a grand jury on August 11,

2015 and charged with two counts of attempted first degree murder of Deputy

Michael Dufresne and Sergeant Dustin Jenkins, in violation of La. R.S. 14:27 and

La. R.S. 14:30 (counts one and two), and one count of felon in possession of a

firearm, in violation of La. R.S. 14:95.1 (count three). State v. Youngblood, 18-445

(La. App. 5 Cir. 5/22/19); 274 So.3d 716, 725, writ granted, cause remanded, 19-

1160 (La. 6/3/20); 296 So.3d 1022. He pled not guilty and proceeded to trial on

September 25, 2017. Id. After a five-day trial, the jury found Defendant guilty on

counts one and three and not guilty on count two (attempted first degree murder of

Sergeant Jenkins). Id. On January 22, 2018, the trial court sentenced Defendant to

50 years at hard labor on count one and 20 years at hard labor on count three, both

without benefit of parole, probation or suspension of sentence, to run

consecutively. Id. On appeal, this Court affirmed Defendant’s convictions and

sentences. See, Id. at 724.

LAW AND ANALYSIS

In Ramos v. Louisiana, 590 U.S. ––––, 140 S.Ct. 1390, 206 L.Ed.2d 583

(2020), the United States Supreme Court found that the Sixth Amendment right to

18-KA-445 1 a jury trial—as incorporated against the states by the Fourteenth Amendment—

requires a unanimous verdict to convict a defendant of a serious offense. The Court

concluded, “There can be no question either that the Sixth Amendment's unanimity

requirement applies to state and federal trials equally...So if the Sixth

Amendment's right to a jury trial requires a unanimous verdict to support a

conviction in federal court, it requires no less in state court.” Id., 140 S.Ct. at 1397.

According to Ramos, Louisiana will have to retry defendants who were

convicted of serious offenses by non-unanimous juries and whose cases are still

pending on direct appeal. In a per curiam opinion, the Louisiana Supreme Court

granted Defendant’s writ, finding “[t]he present matter was pending on direct

review when Ramos v. Louisiana was decided, and therefore the holding of Ramos

applies." State v. Youngblood, 296 So.3d at 1022. The supreme court remanded

the matter and directed this Court conduct a new errors patent review in light of

Ramos.

In this matter, the jury was polled on the record on the last day of

Defendant’s trial. The September 29, 2017 transcript shows that Defendant was

convicted of attempted first degree murder (count one) by a verdict of 11-1, and

the verdicts for count two and count three were unanimous. Because the jury

verdicts for counts two (for which Defendant was found not guilty) and three were

unanimous, we find that there is no error, and no corrective action is required

pursuant to Ramos. Accordingly, we will not disturb our original opinion

regarding count three. But, because the verdict for count one was not unanimous,

and the instant case is still on direct review we find that, pursuant to Ramos,

Defendant is entitled to a new trial on count one.1

1 As part of the errors patent review, this Court considered sufficiency of the evidence as required by State v. Raymo, 419 So.2d 858 (La.1982) and State v. Hearold, 603 So.2d 731 (La.1992). We find that the State offered evidence at trial that a jury could find sufficient to establish all of the elements of the crimes of which Defendant was accused. Therefore, Defendant is not entitled to an acquittal under Hudson v. Louisiana, 450 U.D. 40, 101 S.Ct. 970, 67 L.Ed.2d 30 (1981).

18-KA-445 2 DECREE

Defendant’s conviction and sentence on count three – felon in possession of

a firearm, in violation of La. R.S. 14:95.1 – is affirmed. Defendant’s conviction

and sentence for count one – attempted first degree murder in violation of La. R.S.

14:27 and 14:30.1 – is vacated, and the matter is remanded to the trial court for

further proceedings.

CONVICTION AND SENTENCE FOR COUNT THREE AFFIRMED; CONVICTION AND SENTENCE FOR COUNT ONE VACATED; REMANDED

18-KA-445 3 SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

MARY E. LEGNON FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON SUSAN BUCHHOLZ STEPHEN J. WINDHORST FIRST DEPUTY CLERK HANS J. LILJEBERG JOHN J. MOLAISON, JR. FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF JUDGMENT AND CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE OPINION IN THE BELOW-NUMBERED MATTER HAS BEEN DELIVERED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 2-16.4 AND 2-16.5 THIS DAY DECEMBER 9, 2020 TO THE TRIAL JUDGE, CLERK OF COURT, COUNSEL OF RECORD AND ALL PARTIES NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

18-KA-445 E-NOTIFIED 23RD JUDICIAL DISTRICT COURT (CLERK) HON. KATHERINE TESS STROMBERG (DISTRICT JUDGE) LINDSEY D. MANDA (APPELLEE) LIEU T. VO CLARK (APPELLANT)

MAILED HONORABLE RICKY L. BABIN RON C. YOUNGBLOOD #315437 (APPELLEE) (APPELLANT) DISTRICT ATTORNEY LOUISIANA STATE PENITENTIARY 23RD JUDICIAL DISTRICT COURT ANGOLA, LA 70712 POST OFFICE BOX 66 CONVENT, LA 70723