279 So.3d 517
La. Ct. App.2019Background
- In 1997 Anthony O. Stokes was convicted by jury of possession with intent to distribute cocaine (under La. R.S. 40:967(A)) based on possession of 50 rocks (6.5 grams) of crack.
- The State filed a habitual offender bill; after proceedings Stokes was adjudicated a fourth-felony offender, later reduced on appeal to a third-felony offender and ultimately sentenced to life without benefits.
- Legislative changes (Act 403 and La. R.S. 15:308) made the habitual-offender penalties more lenient and were applied retroactively by the Louisiana Supreme Court in Esteen, prompting resentencing.
- On remand (Feb. 11, 2019) the trial court resentenced Stokes as a third-felony offender to 60 years at hard labor, the maximum under the amended third-offender range (20–60 years).
- Stokes appealed, arguing the 60-year sentence is constitutionally excessive; the Fifth Circuit vacated the enhanced sentence as excessive and remanded for resentencing, suggesting an enhanced term between 20–25 years.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Stokes) | Held |
|---|---|---|---|
| Whether the 60-year enhanced sentence imposed after resentencing pursuant to Esteen is unconstitutionally excessive | The resentencing complied with Esteen and applicable statutory ranges; the 60-year term is within the amended sentencing range for a third-felony offender | The 60-year sentence is grossly disproportionate to the offense and offender, exceeded what original judge intended, and the judge failed to articulate consideration under Art. 894.1 | The court held the 60-year enhanced sentence is unconstitutionally excessive, vacated it, and remanded for resentencing (suggesting 20–25 years) |
Key Cases Cited
- State v. Stokes, 759 So.2d 980 (La. App. 5 Cir.) (underlying direct-appeal decision reviewing conviction and habitual-offender proceedings)
- State ex rel. Mims v. Butler, 601 So.2d 649 (La. 1992) (discussing sequencing requirement for habitual-offender predicates)
- State v. Johnson, 884 So.2d 568 (La. 2004) (overruling Mims; same-day multiple convictions may be counted separately)
- State ex rel. Esteen v. State, 239 So.3d 233 (La.) (directed resentencings to apply ameliorative habitual-offender provisions retroactively)
- State v. Arceneaux, 271 So.3d 362 (La. App. 5 Cir.) (held a near-maximum enhanced sentence unconstitutional after Esteen)
- State v. Evans, 30 So.3d 958 (La. App. 5 Cir.) (upheld a 45-year enhanced sentence as an outlier compared to typical ranges)
- State v. Baxley, 656 So.2d 973 (La. 1995) (explaining Louisiana constitutional protection against excessive sentences)