State v. Fletcher

149 So. 3d 934, 2014 La. App. LEXIS 2315, 2014 WL 4853122
CourtLouisiana Court of Appeal
DecidedOctober 1, 2014
DocketNo. 49,303-KA
StatusPublished
Cited by42 cases

This text of 149 So. 3d 934 (State v. Fletcher) 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. Fletcher, 149 So. 3d 934, 2014 La. App. LEXIS 2315, 2014 WL 4853122 (La. Ct. App. 2014).

Opinion

GARRETT, J.

hThe defendant, Dalton Fletcher, was convicted of two counts of second degree murder in the shooting deaths of his parents. He was initially sentenced to two concurrent mandatory sentences of life imprisonment at hard labor, without benefit' of parole, probation, or suspension of sentence. We affirmed his convictions. State v. Fletcher, 47,777 (La.App.2d Cir.4/10/13), 112 So.3d 1031. However, due to the United States Supreme Court’s holding in Miller v. Alabama, — U.S. -, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), which prohibits mandatory life sentences without parole for juvenile killers, this court vacated his sentences and remanded the matter to the trial court for resentencing after conducting a review of the appropriate factors enunciated in the Miller case. After conducting a Miller hearing, the trial court again sentenced the defendant to two concurrent sentences of life imprisonment at hard labor, without benefit of parole, probation, or suspension of sentence. The defendant appeals. We affirm the defendant’s sentences.

FACTS AND PROCEDURAL HISTORY

On the night of September 9, 2010, Johnny and Tammy Fletcher were murdered at their West Monroe home by their son, who was 15 years and eight months old. The defendant entered the bedroom where his parents were sleeping and shot his father in the arm with a shotgun. The weapon then jammed. The defendant fled from the room, and his father ran after him. In the kitchen, Mr. Fletcher asked his son why he shot him. The defendant— who had unjammed the shotgun — responded by shooting his father in the face, killing him instantly. The defendant returned to the|2bedroom where he shot his mother in the head as she tearfully begged for her life. She too died instantly. The defendant’s 19-year-old sister witnessed the murder of their mother. The defendant threatened to kill his sister with the shotgun and forced her to stay in her bedroom for the rest of the night. The next morning, the defendant drove to school in his mother’s car. After he left, his sister fled to a friend’s house. The police were alerted, and the defendant was arrested at school. The murder weapon was found in the trunk of his mother’s car, along with three shotgun shells. After his arrest, the defendant confessed to the murders, which he admitted planning for a month and a half.

The defendant was charged with two . counts of second degree murder. He pled not guilty and not guilty by reason of insanity. Due to this plea, both the defense and the prosecution presented evidence at trial pertaining to the defendant’s mental health. The defense presented the testimony of Dr. Mark Vigen, a psychologist, while the state called Dr. George Seiden, a psychiatrist. Each had conducted a pretrial examination of the defendant, and both testified that he was able to [937]*937distinguish between right and wrong at the time of the murders, thus invalidating his claim of insanity. The jury found the defendant guilty as charged.

The trial court ordered a presentence investigation (PSI) report. At a sentencing hearing in February 2012, the trial court ordered the defendant to serve two concurrent terms of life imprisonment at hard labor, without benefit of parole, probation, or suspension of sentence. While acknowledging that the second degree murder statute provided for a|smandatory sentence, the trial court nonetheless considered on the record the information contained in the PSI report, the gruesome circumstances of the murders, and the relevant factors under La. C. Cr. P. art. 894.1 before imposing sentence. The defendant’s motion to reconsider sentence was denied.

On appeal, this court affirmed the defendant’s convictions. However, in light of the recent cases of Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), and Miller v. Alabama, supra, we held that it was necessary to vacate the mandatory sentences imposed upon the defendant and remand the case for the trial court to conduct a more specific and thorough review of the factors discussed in Miller, supra, in addition to the factors considered in La. C. Cr. P. art. 894.1. We directed the trial court to state the reasons for sentencing on the record. Following our remand order, the Louisiana legislature enacted legislation in response to Miller, which will be discussed below.

In August 2013, the defendant filed a Motion to Declare Unconstitutional the Provisions of La. R.S. 14:30.1, La R.S. 15:574.4(E) and La. C. Cr. P. art. 878.1. He also filed a Motion for Jury Determination of Sentence. These motions were denied by the trial court on October 10, 2013, immediately before the Miller hearing ordered by this court.

At the Miller hearing, the state presented the testimony of Dr. Seiden, while the defense called Dr. Vigen. Numerous documents were introduced into evidence. At the conclusion of the hearing, the trial court painstakingly articulated well-considered reasons for ruling before once again sentencing |4the defendant to concurrent sentences of life imprisonment at hard labor, without benefit of parole, probation, or suspension of sentence.

The defendant’s timely motion to reconsider sentence was denied on November 12, 2013. The defendant now appeals, urging four assignments of error.

MILLER V. ALABAMA AND ITS CONSEQUENCES

In Louisiana, the offense of second degree murder is punishable by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. La. R.S. 14:30.1.

However, in Miller v. Alabama, supra, the Supreme Court held that the Eighth Amendment prohibits mandatory life sentences without parole for offenders under the age of 18 who committed homicides. This ruling followed on the heels of the Court’s previous rulings in Roper v. Simmons, 543 U.S. 551, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005), which barred capital punishment for all juvenile offenders under the age of 18 at the time of their crimes, and Graham v. Florida, supra, which disallowed sentences of life without parole for juvenile non-homicide offenders. Both of these decisions were likewise premised upon the Eighth Amendment’s prohibition of “cruel and unusual punishments.”

The Miller court stated, in relevant part:

[938]*938Roper and Graham establish that children are constitutionally different from adults for purposes of sentencing. Because juveniles have diminished culpability and greater prospects for reform, we explained, “they are less deserving of the most severe punishments.” Graham, 560 U.S., at [68], 130 S.Ct., at 2026. Those cases relied on three significant gaps between juveniles and adults. First, children have a “ ‘lack of maturity and an underdeveloped sense of [¿responsibility,’ ” leading to recklessness, impulsivity, and heedless risk-taking. Roper, 543 U.S., at 569, 125 S.Ct. 1183. Second, children “are more vulnerable ... to negative influences and outside pressures,” including from their family and peers; they have limited “contro[l] over their own environment” and lack the ability to extricate themselves from horrific, crime-producing settings. Ibid. And third, a child’s character is not as “well formed” as an adult’s; his traits are “less fixed” and his actions less likely to be “evidence of irretrievabl[e] deprav[ity].” Id., at 570, 125 S.Ct. 1183.

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Bluebook (online)
149 So. 3d 934, 2014 La. App. LEXIS 2315, 2014 WL 4853122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-fletcher-lactapp-2014.