State v. Marshall

245 So. 3d 336
CourtLouisiana Court of Appeal
DecidedNovember 29, 2017
DocketNo. 51,690–KA
StatusPublished

This text of 245 So. 3d 336 (State v. Marshall) 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. Marshall, 245 So. 3d 336 (La. Ct. App. 2017).

Opinion

WILLIAMS, J.

The defendant, Randy Marshall, was convicted of second degree murder, a violation of La. R.S. 14:30.1. The defendant was sentenced to serve the mandatory term of life imprisonment at hard labor, without the benefit of parole, probation or suspension of sentence. Defendant's conviction and sentence were affirmed on appeal. State v. Marshall , 44,121 (La. App. 2 Cir. 4/8/09), 6 So.3d 1051, writ denied , 2009-1113 (La. 1/22/10), 25 So.3d 130.

In April 2016, the defendant filed a motion to correct an illegal sentence pursuant to Miller v. Alabama , 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), and Montgomery v. Louisiana , 577 U.S. ----, 136 S.Ct. 718, 193 L.Ed.2d 599 (2016). In compliance with State v. Montgomery , 2013-1163 (La. 6/28/16), 194 So.3d 606, the trial court resentenced defendant to life imprisonment without the benefit of probation or suspension of sentence, but with the benefit of parole eligibility. Defendant appeals that sentence. For the following reasons, we affirm.

FACTS

The record shows that in April 2005, the defendant, age 17, conspired with his friends to commit armed robbery. After procuring a .28-caliber revolver and a semi-automatic handgun, defendant and his friends proceeded to a Shreveport tire shop and ordered the group of men present to get on the floor and put their money beside them. As the robbers collected the money, one man, Charlie Lewis, stabbed defendant in his ankle and side. In response, defendant shot Lewis twice in the back, and once in the chest, shoulder, and arm. Lewis later died from the gunshot wounds. Defendant was arrested and charged with second degree murder.

After a bench trial, defendant was found guilty as charged and the trial court imposed the mandatory sentence of life imprisonment at hard labor, without the benefit of parole, probation or suspension of sentence. On appeal, this Court found the evidence was sufficient to support the conviction, that defendant's confession was *338freely and voluntarily given and that he was not prejudiced by the admission of the coroner's draft report. See State v. Marshall, supra .

In April 2016, defendant filed a motion to correct an illegal sentence arguing that he was entitled to a new sentence in light of Miller and Montgomery . He asserted that the trial court had no authority to sentence him to parole eligibility under the provisions of La. R.S. 14:30.1 because the statute had not been modified. Defendant also asserted that the trial court was without authority to sentence him to parole eligibility under La. C.Cr.P. art. 878.1 and La. R.S. 15:574.4 because those statutes did not apply retroactively to cases such as his, where the conviction and sentence were final prior to the decision in Miller . Defendant urged that he should be resentenced under the responsive verdict of manslaughter, or granted immediate parole eligibility.

At the hearing for resentencing in June 2016, the defendant's appointed counsel stated the defendant understood that under existing laws, the trial court was limited to granting him a life sentence with eligibility for parole. The trial judge explained to the defendant that claims for sentencing according to the manslaughter statute had already been considered and rejected by the courts. The trial court denied defendant's motion and ordered that his life sentence be modified to include the benefit of parole eligibility.

The defendant then filed a pro se motion to reconsider sentence, claiming that (1) his sentence was illegal because it was not prescribed by statute; (2) his sentence violated his right to fair notice and the prohibition against the ex post facto application of law; and (3) his sentence should have been imposed under the penalty for the next lesser-included responsive verdict of manslaughter. The trial court denied the motion to reconsider and this appeal followed.

DISCUSSION

The defendant raises three assignments of error with regard to his sentence. First, he contends the trial court erred in violating his due process rights by imposing a sentence pursuant to a sentencing scheme that violates the separation of powers established in the state constitution. Defendant also contends the trial court erred in denying his motion to modify the sentence and should have imposed the penalty for the lesser responsive verdict of manslaughter. Further, he contends the trial court erred in failing to perform its duty to assure that a proportionate sentence was imposed and in sentencing defendant to life imprisonment with eligibility for parole, thereby precluding a meaningful opportunity for release.

Pursuant to La. R.S. 14:30.1, the penalty for a conviction of second degree murder is a mandatory sentence of life imprisonment at hard labor without the benefit of parole, probation or suspension of sentence. However, in Miller, supra , the United States Supreme Court held that "the Eighth Amendment forbids a sentencing scheme that mandates life in prison without possibility of parole for juvenile offenders." The Miller court did not establish a categorical prohibition against life imprisonment without parole for juvenile homicide offenders; instead, the decision requires the sentencing court to consider an offender's youth and attendant characteristics as mitigating circumstances before deciding whether to impose the harshest penalty for juveniles convicted of a homicide offense. State v. Williams , 2012-1766 (La. 3/8/13), 108 So.3d 1169 ; Montgomery v. Louisiana, supra . The Miller case drew a line between children whose crimes reflect transient immaturity and those few whose *339crimes reflect irreparable corruption. In Montgomery, supra , the court held that Miller applied retroactively to defendants whose sentences were final prior to the date of the Miller decision.

In response to Miller , our legislature enacted La. C.Cr.P. art.

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Related

State v. Marshall
6 So. 3d 1051 (Louisiana Court of Appeal, 2009)
State v. Hatton
985 So. 2d 709 (Supreme Court of Louisiana, 2008)
Miller v. Alabama
132 S. Ct. 2455 (Supreme Court, 2012)
Montgomery v. Louisiana
577 U.S. 190 (Supreme Court, 2016)
State v. Williams
108 So. 3d 1169 (Supreme Court of Louisiana, 2013)
State v. Kennedy
140 So. 3d 1201 (Louisiana Court of Appeal, 2014)
State v. Fletcher
149 So. 3d 934 (Louisiana Court of Appeal, 2014)
State v. Doise
185 So. 3d 335 (Louisiana Court of Appeal, 2016)
State v. Montgomery
194 So. 3d 606 (Supreme Court of Louisiana, 2016)
State v. Sumler
219 So. 3d 503 (Louisiana Court of Appeal, 2017)
State v. Plater
222 So. 3d 897 (Louisiana Court of Appeal, 2017)
State v. Calhoun
222 So. 3d 903 (Louisiana Court of Appeal, 2017)
State v. Shaw
223 So. 3d 607 (Louisiana Court of Appeal, 2017)

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Bluebook (online)
245 So. 3d 336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-marshall-lactapp-2017.