State v. Mason

89 So. 3d 405, 2012 WL 1231842
CourtLouisiana Court of Appeal
DecidedApril 11, 2012
DocketNos. 2011-KA-1190, 2011-KA-1191
StatusPublished
Cited by1 cases

This text of 89 So. 3d 405 (State v. Mason) 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. Mason, 89 So. 3d 405, 2012 WL 1231842 (La. Ct. App. 2012).

Opinions

PAUL A. BONIN, Judge.

hln 1974, Melvin Masón was convicted of two counts of aggravated rape committed when he was under the age of 18 years old. He was sentenced to life imprisonment on each count, which life sentences were to run concurrently with each other.1 Following the United States Supreme Court decision in Graham v. Florida, 560 U.S. -, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), Mr. Mason petitioned the district court to correct his unconstitutional life sentences by re-sentencing him to a term of twenty years on each count in accord with Louisiana Supreme Court precedent. See State v. Craig, 340 So.2d 191, 194 (La.1976) (remanded for re-sentencing for aggravated rape to the most serious penalty for the next lesser-included offense which is attempted aggravated rape and a sentence of twenty years at hard labor).

The district judge did not grant the relief Mr. Mason sought; the judge did amend the life sentences but only to make explicit that the sentences imposed by the court did not restrict parole eligibility. Mr. Mason filed a motion to reconsider the sentence as modified under La.C.Cr.P. art. 881.1 A(l), which the district court denied, and properly preserved the issue for appellate review under La.C.Cr.P. art. | ¡>881.2 A(l). He argued that the remedy selected by the district court was itself an illegal sentence — one not authorized by the Legislature — and again argued that the district court should re-sentence Mr. Mason to a definite term of twenty years at hard labor on each count, which was the legislatively provided maximum sentence for the next lesser-included offense of attempted aggravated rape.2 The district court denied the motion to reconsider.

After the hearings in the district court and the lodging of the record in this court as well the submission of briefs by Mr. Mason and the district attorney, the Louisiana Supreme Court in State v. Shaffer, 11-1756 (La.11/23/11), 77 So.3d 939 (per curiam), directed how Louisiana courts [407]*407would comply with the Graham decision. We have had occasion already to follow Shaffer in our decision in State v. Richards, 2011-0349 (La.App. 4 Cir. 12/1/11), 78 So.3d 864. We thus directed the parties to the appeal to file supplemental briefs to address these recent developments.

While we apply the rationale of Shaffer and Richards, we note that it is not necessary to direct the Department of Corrections to calculate a date for Mr. Mason’s eligibility for parole consideration because he is eligible for parole consideration immediately. We thus amend the sentences imposed to sentences of natural life, and direct the Department of Corrections to revise Mr. Mason’s prison master according to the criteria in La. R.S. 15:574.4 A(2) to reflect an immediate eligibility date for consideration by the Board of Parole.

We explain our holding in greater detail in the following Parts.

-k1

The essential holding of Graham is that “[t]he Constitution prohibits the imposition of a life without parole sentence on a juvenile offender who did not commit homicide.” 560 U.S. at -, 130 S.Ct. at 2034. “A State need not guarantee the offender eventual release, but if it imposes a sentence of life it must provide him or her with some realistic opportunity to obtain release before the end of that term.” Id. (emphasis added). When the offense is committed before the offender’s 18th birthday, the offender must be given “some meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation.” 560 U.S. at -, 130 S.Ct. at 2057. He must be afforded the opportunity “to demonstrate that the bad acts he committed as a teenager are not representative of his true character.” 560 U.S. at -, 130 S.Ct. at 2033. He may well spend his imprisonment “attempting to atone for his crimes and learn from his mistakes.” Id.

And, importantly, a possibility of release dependent upon the remote possibility of executive clemency does not constitute such a “meaningful opportunity.” 560 U.S. at -, 130 S.Ct. at 2030; see also Solem, 463 U.S. at 303, 103 S.Ct. 3001 (“The possibility of executive clemency is nothing more than a hope for an ad hoc exercise of clemency.’ It is little different from the possibility of executive clemency that exists in every case ... ”)

By adopting a categorical rule, Graham “gives all juvenile nonhomicide offenders a chance to demonstrate maturity and reform.” 560 U.S. at -, 130 S.Ct. at 2032 (emphasis added). “The juvenile should not be deprived of the opportunity to achieve maturity of judgment and self-recognition of human worth and potential.” Id. “Life in prison without the possibility of parole gives no chance |4for fulfillment outside prison walls, no chance for reconciliation with society, no hope.” Id. (emphasis added).

The meaningful opportunity for parole consideration required by the Eighth Amendment does not foreclose the possibility that such an offender will spend his natural life “behind bars.” 560 U.S. at -, 130 S.Ct. at 2030. The Eighth Amendment, however, “does forbid States from making the judgment at the outset that those offenders never will be fit to reenter society.” Id. (emphasis added).

The Eighth Amendment does not permit a sentence that guarantees that a juvenile nonhomicide offender “will die in prison without any meaningful opportunity to obtain release.” 560 U.S. at -, 130 S.Ct. at 2033.

[408]*408II

Shaffer considered the claims of three prisoners who qualified for relief under Graham because all three had life sentences for commission of aggravated rape before the age of 18 years old.3 State v. Shaffer, 11-1756, p. 1, 77 So.3d at 940, n. 2. In its per curiam decision, the Court ruled that Graham did not require it “to order the immediate release of relators from state supervision or to adopt a remedy that would guarantee immediate release by virtue of credit for time served.” State v. Shaffer, 11-1756, p. 3, 77 So.3d at 942.

The Court thus upheld the life sentences, but also held “that the Eighth Amendment precludes the state from interposing the Governor’s ad hoc exercise of executive clemency as a gateway” to parole eligibility or eligibility for parole consideration, or — as described by the court — “to accessing procedures the state |fihas established for ameliorating long terms of imprisonment as part of the rehabilitative process.” State v. Shaffer, 11-1756, p. 3, 77 So.3d at 942.

Then the Shaffer court ruled that “[t]he state thus may not enforce the commutation provisos in La. R.S. 15:574.4(A)(2) and 15:574.4(B) against relators and all other similarly situated persons.”4 State v. Shaffer, 11-1756, pp. 3-4, 77 So.3d at 942 (emphasis added). Instead, the high court decided that for inmates serving life terms for nonhomicide offenses committed before their 18th birthday, they would be parole eligible and have eligibility for parole consideration “once they reach the age of 45 years and have served 20 years of their sentences in actual custody.” State v. Shaffer, 11-1756, p. 3, 77 So.3d at 942.5

The Court directed the Department of Corrections “to revise relators’ prison masters according to the criteria in La.

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Related

State v. Hedgespeth
107 So. 3d 743 (Louisiana Court of Appeal, 2012)

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Bluebook (online)
89 So. 3d 405, 2012 WL 1231842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mason-lactapp-2012.