State v. Boyd

164 So. 3d 259, 2014 La.App. 4 Cir. 0408, 2015 La. App. LEXIS 273, 2015 WL 2261436
CourtLouisiana Court of Appeal
DecidedFebruary 11, 2015
DocketNo. 2014-KA-0408
StatusPublished
Cited by7 cases

This text of 164 So. 3d 259 (State v. Boyd) 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 v. Boyd, 164 So. 3d 259, 2014 La.App. 4 Cir. 0408, 2015 La. App. LEXIS 273, 2015 WL 2261436 (La. Ct. App. 2015).

Opinions

PAUL A. BONIN, Judge.

_jjWe previously vacated the defendant’s sentence due to the trial judge’s failure to observe the statutorily-prescribed delay before imposing sentence upon his conviction for carjacking, a violation of La. R.S. 14:64.2 A. We remanded the matter for re-sentencing and reserved unto the defendant, Kendrick Boyd, the right to appeal the sentence imposed on remand. See State v. Boyd, 11-1129, p. 8 (La.App. 4 Cir. 11/21/12); 104 So.3d 642, 646.

On remand, after finding that Mr. Boyd was properly adjudicated a second felony offender under the Habitual Offender Law, the trial judge sentenced him to a term of imprisonment of thirty-five years, without the benefit of parole, probation, or suspension of sentence. The sentence imposed, being within the authorized statutory range, is a legal sentence. See La. R.S. 15:529.1 A(l) (noting that if the second felony is punishable by imprisonment for any term less than the offender’s natural life, “then the sentence to imprisonment shall be for a |2determinate term not less than one-half the longest term and not more than twice the longest term prescribed for a first conviction”); La. R.S. 14:64.2 B (‘Whoever commits the crime of carjacking shall be imprisoned at hard labor for not less than two years and for not more than twenty years, without benefit of parole, probation, or suspension of sentence.”). See, e.g., State v. Hunter, 02-2742, pp. 2-3 (La.App. 4 Cir. 2/19/03); 841 So.2d 42, 43.

Mr. Boyd appeals this sentence and assigns two errors. He first contends that his sentence, while legal, is nonetheless excessive under Article I, Section 20 of the Louisiana Constitution. See State v. Augustine, 555 So.2d 1331, 1334 (La.1990) (“Constitutional excessiveness of sentence and illegal imposition of sentence are quite separate and distinct matters. A sentence illegally imposed, even one not constitutionally excessive, is null, and constitutes no valid premise for continued incarceration.”). See also La.C.Cr.P. art. 882; State v. Pernell, 14-0678, pp. 4-5 (La.App. 4 Cir. 10/15/14); 151 So.3d 940, 944 (citing State v. Dorthey, 623 So.2d 1276, 1280 (La.1993)); Augustine, 555 So.2d at 1334 (noting that “a district court (upon resen-tencing) is not bound by the sentence previously imposed, whereas [a reviewing court] is bound by a legally imposed sentencing which is not unconstitutionally excessive”). Mr. Boyd argues that the trial judge failed to consider certain mitigating evidence and relied upon facts contrary to the evidence presented. Mr. Boyd next contends that at sentencing his counsel rendered ineffective assistance under the Sixth Amendment to the United States Constitution and Article I, Section 13 of the Louisiana Constitution. Mr. Boyd specifically | aclaims that counsel’s performance was deficient and that he was prejudiced at sentencing by counsel’s failure to investigate his mental illness, to obtain and produce mitigating evidence of his bipolar disorder and recent hospitalization, and to present expert testimony on the effects of [262]*262bipolar disorder and whether his illness influenced his behavior on the day of the offense.

In order to adequately address Mr. Boyd’s claim of ineffective assistance on direct appeal, we must be able to evaluate the extent of his counsel’s investigation for mitigating evidence, whether the decision to not present any mitigating evidence of his bipolar disorder was tactical in nature, and whether the defendant suffered actual prejudice. After our thorough examination,- we find the record insufficient for proper review of this claim. To that end, we remand Mr. Boyd’s claim of ineffective assistance at sentencing to the district court in order to conduct an evidentiary hearing and to render a ruling on the merits. In the meantime, we will retain jurisdiction over Mr. Boyd’s remaining assignment of error which asserts excessiveness of sentence.

We explain our decision in greater detail below.

I

We begin by addressing the ineffective-assistance-of-counsel-at-sentencing claim.

Both the Louisiana and United States Constitutions afford criminal defendants the right to the effective assistance of counsel at sentencing. See U.S. |4Const. amend. VI; La. Const, art. I, § 13. See also McMann v. Richardson, 397 U.S. 759, 771 n. 14, 90 S.Ct. 1441, 25 L.Ed.2d 763 (1970).

In order to be entitled to a new sentencing hearing as a result of his claim that his counsel’s assistance was constitutionally-ineffective, Mr. Boyd must establish both prongs of the test set out in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). See Lafler v. Cooper, — U.S. — , 132 S.Ct. 1376, 1385-6, 182 L.Ed.2d 398 (2012). First, Mr. Boyd must prove that counsel’s performance was deficient, which requires showing that serious errors were made such that counsel was no longer functioning as the “counsel” guaranteed by the Sixth Amendment. See Strickland, 466 U.S. at 687,104 S.Ct. 2052. Second, Mr. Boyd must prove that he was prejudiced by counsel’s deficient performance during sentencing. See id. Unless Mr. Boyd succeeds in making both showings, we cannot find that his sentence “resulted from a breakdown in the adversary process that renders the result unreliable.” Id. A trial judge, however, need not “address both components of the inquiry if the defendant makes an insufficient showing on one.” Id. at 697,104 S.Ct. 2052.

To show that counsel’s assistance was deficient, Mr. Boyd must show that counsel’s “representation fell below an objective standard of reasonableness.” Id. at 688, 104 S.Ct. 2052. The reasonableness of counsel’s performance must be measured “under prevailing professional norms” and “considering all the circumstances.” Id. “Judicial scrutiny of counsel’s performance must be highly deferential.” Id. at 689, 104 S.Ct. 2052. We do “ ‘not sit to second-guess strategic and tactical choices made by trial counsel.’ ” State v. Hoffman, 98-3118, p. 40 (La.4/11/00); 768 So.2d 542, 579 | .¡(quoting State v. Myles, 389 So.2d 12, 31 (La.1979)). And a reviewing court must always “indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance....” Strickland, 466 U.S. at 689,104 S.Ct. 2052.

Mr. Boyd “must identify the acts or omissions of counsel that are alleged not to have been the result of reasonable professional judgment.” Id. at 690, 104 S.Ct. 2052. Here, Mr. Boyd has pointed to counsel’s failure to investigate his mental illness, to obtain and produce mitigating evidence of his bipolar disorder and recent [263]*263hospitalization prior to the commission of the offense, and to present expert testimony on the effects of bipolar disorder and whether his illness influenced his behavior on that day. And the report of the pre-sentence investigation, which has been supplied to us under seal, does note that Mr. Boyd disclosed to the investigator that he had only been released from hospitalization at the DePaul’s Mental Facility just three weeks prior to the commission of the offense for a bipolar disorder.

In assessing the reasonableness of Mr. Boyd’s counsel’s conduct, the trial judge must determine “whether a reasonable investigation would have uncovered mitigating evidence.

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Cite This Page — Counsel Stack

Bluebook (online)
164 So. 3d 259, 2014 La.App. 4 Cir. 0408, 2015 La. App. LEXIS 273, 2015 WL 2261436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-boyd-lactapp-2015.