State v. Hogan

113 So. 3d 1195, 2013 WL 1442001, 2013 La. App. LEXIS 700
CourtLouisiana Court of Appeal
DecidedApril 10, 2013
DocketNo. 47,993-KA
StatusPublished
Cited by26 cases

This text of 113 So. 3d 1195 (State v. Hogan) 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. Hogan, 113 So. 3d 1195, 2013 WL 1442001, 2013 La. App. LEXIS 700 (La. Ct. App. 2013).

Opinion

MOORE, J.

| TAfter he was charged with second degree murder committed during an armed robbery, the defendant, Caddara D. Hogan, pled guilty to manslaughter pursuant to a plea agreement. The agreement provided no sentencing cap. He was subsequently sentenced to 35 years at hard la[1198]*1198bor. He now appeals his sentence. For the following reasons, we affirm.

FACTS

On February 3, 2010, the defendant, age 19, along with Paris T. Smith, age 17, and Farrell M. Rochelle, age 18, attempted to rob Ronald Wilson in Mansfield, La. Mr. Wilson was shot and killed during the robbery attempt by one of the perpetrators.

On March 25, 2010, the defendant was charged by an amended bill of indictment for the second degree murder of Ronald Wilson during the attempted perpetration of an armed robbery. Paris T. Smith and Farrell M. Rochelle were also charged with second degree murder in the same indictment.

On November 14, 2011, Hogan pled guilty to the reduced charge of manslaughter. As part of the plea agreement, Hogan agreed to truthfully testify at the trial of the codefendants and the court ordered a pre-sentence investigation (“PSI”) report.

On June 26, 2012, the sentencing hearing was conducted. At the hearing, the defense requested the court to consider the following: The state offered the other two codefendants, but not to Hogan, guilty plea agreements of manslaughter with a 15-year sentence;1 Hogan’s cooperation |ain testifying truthfully at the trial of the codefendants and in providing information about an unrelated robbery to law enforcement, although it did not lead to an arrest; the conflicting information as to whether Hogan or Rochelle was the shooter, although Hogan maintains that he was not the shooter; and, that under Miller v. Alabama, — U.S. -, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), one of the codefen-dants, a juvenile, could be eligible for parole at an earlier date than Hogan even though he was convicted of second degree murder.

The state argued that Miller v. Alabama, supra, does not apply in this case because Hogan, age 19, was an adult at the time of the offense and had the capacity to make an appropriate decision. Also, the state noted that Hogan was not given the same offer as the codefendants because of his criminal history, which involved violent offenses, and because there were facts indicating that Hogan was the instigator and shooter in this case.

Prior to imposing sentence, the trial court reviewed the facts of this case and the conflicting testimony as to who actually shot the victim. All parties agreed that if Hogan would have gone to trial, he would have been convicted of second degree murder. The trial court also reviewed the PSI, including Hogan’s criminal, personal and social history. The court noted that Hogan is a second-felony offender. In 2006, Hogan was arrested for second degree kidnaping and armed robbery, but later pled guilty to simple burglary of an inhabited dwelling and received a four-year sentence. He was also arrested in 2009 for second degree battery; however, there was no disposition found for this charge. Further, the court reviewed the ^sentencing guidelines set forth in La. C. Cr. P. art. 894.1, stating:

The Court: ... the Court is going to review the sentencing guidelines on the record here. Mr. Hogan is in need of correctional treatment. And his conduct did manifest a violence towards Mr. Wilson. He was attempting to gain money from him. That would be subpart 3— (B)3 of the commission of that offense. Mr. Hogan did use actual violence and at the very least, depending on whose version of this event you use, that caused others to use force or violence upon Mr. Wilson to commit this offense. There was a death as a result of this [1199]*1199offense. There was a dangerous weapon. He was on parole at the time of this offense. He is however still considered by this Court to be a youthful offender. I don’t believe that Mr. Hogan was provoked to act in this case. There’s no grounds tending to excuse or justify other than his youthfulness. No way Mr. Hogan can compensate the victim in this matter. No undue hardship on other dependents in this matter. I do take into consideration the mitigation that he has cooperated and he did try to minimize his exposure with making better decisions. And the Court does have the pre-sentence investigation report ...

After considering the above, the trial court sentenced Hogan to 35 years at hard labor.

On June 27, 2012, the defense filed a motion to reconsider sentence, arguing that Hogan’s sentence was excessive. It argued that the trial court failed to give sufficient weight to Hogan’s cooperation in the trial of the codefendants and in providing information to law enforcement, the plea offers made to the codefendants, and the possible effects of Miller v. Alabama, supra, which could result in Hogan’s juvenile codefendant, convicted of second degree murder, being eligible for parole before Hogan.

On July 13, 2012, the trial court denied Hogan’s motion to reconsider sentence. The court stated that prior to imposing Hogan’s sentence, it considered the sentencing guidelines and Hogan’s cooperation in the trial of the codefendants. The court stated that the decision in Miller v. Alabama, \ ¿supra, is strictly confined to juvenile offenders. The court noted that by pleading guilty to manslaughter, Hogan greatly reduced his potential sentencing exposure because he was initially charged with second degree murder, which carries a mandatory life sentence. Further, the court stated that this was a violent crime that resulted in the death of the victim and that any lesser sentence would deprecate the seriousness of the crime.

This appeal followed.

DISCUSSION

Defendant’s sole assignment of error on appeal is that the district court erred, as a matter of law, in denying the defendant’s motion for reconsideration of sentence and rendering an excessive sentence in this case.

The defense argues that Hogan’s sentence is excessive, punitive, and that the goals of punishment and rehabilitation can be accomplished with a less harsh sentence. The defense claims that Hogan was an uneducated youthful offender (21 years old), with no significant adult criminal history. The defense contends that Hogan’s actual involvement, in comparison to that of the codefendants, with regard to the actual shooting of the victim was never established. The defense cites various cases in which courts have upheld sentences of 30 years or less for manslaughter. The defense asserts that Hogan’s juvenile codefendant, convicted of second degree murder, will likely serve less time than Hogan because of the decision in Miller v. Alabama, supra, and that the codefendants were offered lesser sentences during failed plea negotiations. The defense contends that Hogan is not a | ¡-“worst offender” for which a near-maximum sentence is justified.

The state contends that the trial court adequately considered all mitigating and aggravating factors. The state argues that prior to sentencing Hogan, the court reviewed the criteria set forth in La. C. Cr. P. art. 894.1 and the pre-sentence investigation report. The state claims that the court noted Hogan’s criminal history, including a kidnaping and an armed robbery, both crimes of violence, and that Hogan was on parole at the time of the [1200]*1200instant offense.

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Cite This Page — Counsel Stack

Bluebook (online)
113 So. 3d 1195, 2013 WL 1442001, 2013 La. App. LEXIS 700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hogan-lactapp-2013.