State v. LeBlanc

928 So. 2d 599, 2006 WL 305875
CourtLouisiana Court of Appeal
DecidedFebruary 10, 2006
Docket2005 KA 0885
StatusPublished
Cited by21 cases

This text of 928 So. 2d 599 (State v. LeBlanc) 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. LeBlanc, 928 So. 2d 599, 2006 WL 305875 (La. Ct. App. 2006).

Opinion

928 So.2d 599 (2006)

STATE of Louisiana
v.
Jason LeBLANC.

No. 2005 KA 0885.

Court of Appeal of Louisiana, First Circuit.

February 10, 2006.

*600 Anthony G. Falterman, District Attorney, Donald D. Candell, Assistant District Attorney, Gonzales, Counsel for Appellee State of Louisiana.

Laura M. Pavy, New Orleans, Counsel for Defendant/Appellant Jason LeBlanc.

Before: CARTER, C.J., DOWNING, and GAIDRY, JJ.

GAIDRY, J.

The defendant, Jason LeBlanc, was indicted on one count of vehicular homicide, a violation of La. R.S. 14:32.1. He pleaded not guilty and was tried before a jury. The jury found defendant guilty as charged. The trial court sentenced defendant to a term of ten years at hard labor, with one year of the sentence to be served without benefit of probation, parole, or suspension of sentence. The trial court also suspended two years of the sentence and imposed a fine of $2,000.00. Defendant appeals, assigning one error by the trial court. We affirm.

FACTS

Alicia Marie Terrebonne, the sixteen-year-old victim, was due to return home around midnight on February 9, 2003 from her high school's "Sadie Hawkins" dance. Shortly before midnight, she telephoned her parents to advise them she was on her way home. After receiving another telephone call from Alicia's boyfriend at approximately 12:15 a.m., her father, John Terrebonne, became concerned and left home to look for her.

The Terrebonnes resided on Cemetery Road in Gonzales, Louisiana, only about a third of a mile from its intersection with Louisiana Highway 932. As he turned out of his driveway, Mr. Terrebonne observed flashing emergency lights near the intersection. Upon arriving at the intersection, he encountered an accident scene secured by police and emergency personnel. Mr. Terrebonne initially thought his daughter had been delayed in traffic due to the accident, but then noticed his daughter's automobile in the ditch on the left side of Louisiana Highway 932. After exiting his truck and attempting to go to his daughter's automobile, Mr. Terrebonne was advised by a deputy sheriff that his daughter had been killed in the accident.

Two eyewitnesses to the accident testified at trial. Chad Sagona testified that he was driving on Roddy Road/Joe Sevario Road (Louisiana Highway 932) with a passenger when he noticed a vehicle (later determined to be driven by defendant) approach him from the rear at a high rate of speed and remain very close behind him. *601 As Mr. Sagona came to an intersection with a four-way stop sign, he brought his vehicle to a slow stop to allow the vehicle behind him enough time to stop also. Mr. Sagona explained that he then accelerated rather quickly from the stop sign in order to gain some distance between his vehicle and the following vehicle as they continued on Highway 932. According to Mr. Sagona, the vehicle behind him was moving very fast and came in close proximity to the rear of his vehicle.

As Mr. Sagona approached the intersection of Norwood Road, he activated his right turn signal and noticed another vehicle immediately ahead (Alicia's automobile), and activated his left turn signal, preparing to turn left onto Cemetery Road. Defendant's vehicle passed Mr. Sagona's without slowing down, as Mr. Sagona was turning right onto Norwood Road. Given the speed of defendant's vehicle as it passed his, Mr. Sagona exclaimed to his passenger that "there was about to be a wreck."[1] Defendant's vehicle then struck Alicia's vehicle as she was in the process of turning, and the collision propelled the vehicles in opposite directions. The vehicles came to rest in opposite ditches along Highway 932.

Immediately following the collision, Mr. Sagona stopped, got out of his vehicle and went over to where defendant's vehicle had come to rest in an adjacent ditch. By the time Mr. Sagona arrived, defendant had already exited his vehicle. Mr. Sagona asked defendant if he was all right and defendant replied, "Yeah. You might want to check on that car down there." While defendant stayed near the roadway, Mr. Sagona went to the other automobile and found Alicia unconscious and her driver's door jammed. When Mr. Sagona returned to the roadway, defendant requested a cigarette lighter, to which Sagona replied that the last thing defendant needed to worry about at that time was a cigarette. Defendant responded by calling Mr. Sagona a "punk."

Ashley Patton was Mr. Sagona's passenger on the night of the accident and also witnessed the accident. Her testimony corroborated that of Mr. Sagona as to the left turn signal of Alicia's automobile being activated prior to the collision and the simultaneous nature of the turning maneuvers by Alicia and Mr. Sagona. Ms. Patton testified that after defendant's vehicle passed them, it struck Alicia's vehicle on the driver's side. Ms. Patton further confirmed Mr. LeBlanc's request for a cigarette lighter after the collision.

Shawn Meeks was a minister and the pastor of the Galvez Pentecostal Church located near the accident scene who lived on Cemetery Road at the time of the accident. Around midnight on February 9, 2003, Rev. Meeks was in bed and heard a "tremendous" collision. He immediately telephoned 911, dressed, and went to the accident scene. Rev. Meeks approached Alicia's automobile in the ditch and saw that she was seriously injured. As he could not get closer to her to render assistance, he placed his hands on the passenger's side windows and prayed for her until the paramedics arrived. Later that night, as Rev. Meeks was standing near defendant, he heard defendant state, "Oh, shit, I guess this will be another DUI for me."

Trooper Matthew Sinanan of the Louisiana State Police was the first trooper on the scene. When he arrived, an Ascension Parish Sheriff's deputy was already on the scene and had detained defendant in the back of her patrol unit. After learning *602 that the accident involved a fatality, Trooper Sinanan approached defendant and opened the door of the deputy sheriff's unit. Upon opening the door of the deputy sheriff's unit, Trooper Sinanan smelled a strong odor of alcoholic beverage inside the vehicle. Trooper Sinanan advised defendant of his constitutional rights, and defendant indicated he understood them. Upon speaking with defendant, Trooper Sinanan observed that he had "glassy" and bloodshot eyes, slurred speech, and that he swayed when he stood outside the unit. The odor of alcoholic beverage came from defendant's breath. Based upon the described physical characteristics and defendant's conduct, it was "very clear" to Trooper Sinanan that defendant was under the influence of alcohol.

State Police Trooper William Hunter also arrived at the scene to assist. Trooper Sinanan directed Trooper Hunter to administer a field sobriety test to defendant. Trooper Hunter also advised defendant of his constitutional rights, and defendant indicated that he understood them. After Trooper Hunter asked defendant to perform the field sobriety test, defendant consented, and then admitted that he was "drunk and should not have been on the road." Defendant further admitted to Trooper Hunter that he had consumed three large daiquiris at Extreme Daiquiris.

Defendant performed poorly on all three portions of the field sobriety test, which included the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand test. Trooper Hunter also detected a strong odor of alcoholic beverage on defendant's breath. He also noted defendant swayed when standing and slurred his speech.

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Cite This Page — Counsel Stack

Bluebook (online)
928 So. 2d 599, 2006 WL 305875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-leblanc-lactapp-2006.