289 So.3d 1176
La. Ct. App.2020Background
- Fred Howard, Jr. was convicted by a jury of unauthorized use of a motor vehicle, aggravated flight from an officer, and aggravated criminal damage to property; adjudicated a fourth-felony habitual offender.
- Initial sentencing: life imprisonment (without probation, parole, or suspension) for aggravated criminal damage to property; concurrent prison terms for other counts.
- Howard’s convictions and sentences were affirmed on direct appeal.
- Howard filed a motion to correct an illegal sentence arguing eligibility under the 2001 amendments to La. R.S. 15:529.1 (per State ex rel. Esteen). This court held Howard qualified for the ameliorative provisions but found his life term itself was not illegal; only the parole prohibition was illegal.
- On remand the trial court resentenced Howard to life imprisonment but restored parole eligibility (retaining the prohibition on probation and suspension). Howard moved to reconsider as constitutionally excessive; the trial court denied relief and this appeal followed.
Issues
| Issue | Howard's Argument | State's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by imposing an unconstitutionally harsh/excessive life sentence and whether resentencing should have reduced the term below life | Howard argued he was entitled to resentencing under Esteen and the 2001 ameliorative provisions; life sentence is excessive and a term >20 years but <life should have been imposed | State argued Howard’s life sentence had already been reviewed and affirmed on direct appeal and was not before the trial court on remand; trial court lacked jurisdiction to modify the term | Court affirmed: life term is final and not illegal; remand only addressed parole prohibition; trial court lacked jurisdiction to change the term; excessiveness claim fails |
Key Cases Cited
- State ex rel. Esteen v. State, 239 So. 3d 233 (La. 2018) (interpreting application of 2001 amendments to La. R.S. 15:529.1 and ameliorative retroactivity)
- State v. Howard, 859 So. 2d 936 (La. App. 2 Cir. 2003) (affirming defendant’s convictions and original sentences)
- State v. Alexander, 376 So. 2d 146 (La. 1979) (trial court loses jurisdiction to alter a sentence after appeal is perfected and appellate jurisdiction attaches)
- State v. Garrett, 497 So. 2d 790 (La. App. 2 Cir. 1986) (same principle on trial court jurisdiction post-appeal)
- State v. Jackson, 895 So. 2d 695 (La. App. 2 Cir. 2005) (limits on second direct appeal and post-appeal relief)