State v. Bruce
102 So. 3d 1029
La. Ct. App.2012Background
- Jefferson Parish charged Bruce with aggravated arson; jury found him guilty as charged.
- Initial sentence was 15 years with some time without benefits; later adjudicated a fourth felony offender and life imprisonment.
- Underlying offense involved setting fire to a trailer abutting Ms. Miles’ residence while occupants slept; fire spread but no deaths or injuries occurred.
- The State introduced neighbor and investigative testimony, including a fingerprint and fire-debris analysis; defendant gave a custodial statement admitting the act after argument over debt.
- Court granted appeal on two issues: bill of information sufficiency and constitutionality of the life sentence; court also reviewed patent errors and advisement of multiple offender rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Bill of information sufficiency | Bruce contends the bill is technically defective for not alleging foreseeability and structure movables. | Bruce argues the short form indictment is invalid under Art. 465(A)(2). | Bill complies with short-form requirements; issue resolved against Bruce. |
| Constitutional excessiveness of life sentence for a fourth felony offender | Life sentence is excessive given non-violent prior offenses and passage of time. | Life sentence appropriate as discretionary maximum for a fourth offender. | Life sentence deemed constitutionally excessive; vacated and remanded for resentencing. |
| Errors patent review | Review for patent errors could justify correction. | N/A or no specific argument beyond standard review. | Certain defects noted were moot or self-correcting; no corrective action required. |
| Advisement of multiple offender rights | Defendant should have been advised of rights pertaining to multiple offender status. | N/A or not asserted as reversible error. | Failure to advise rights did not constitute reversible error; conviction affirmed, remand for resentencing. |
Key Cases Cited
- State v. Stevenson, 839 So.2d 340 (La.App. 5 Cir. 2003) (bill of information informs nature and cause; error not fatal if non-prejudicial)
- State v. Michels, 726 So.2d 449 (La.App. 5 Cir. 1999) (art. 464 short-form indictment requirements; non-prejudicial error is not grounds for reversal)
- State v. Page, 28 So.3d 442 (La.App. 5 Cir. 2009) (short-form indictments for aggravated arson approved)
- State v. Mason, 305 So.2d 523 (La.1974) (approval of short-form indictment for aggravated arson)
- State v. Pettus, 68 So.3d 28 (La.App. 5 Cir. 2011) (life sentence for fourth offender upheld in similar contexts)
- State v. Jones, 35 So.3d 1162 (La.App. 5 Cir. 2010) (life sentence reviewed in fourth-offender context)
- State v. Thompson, 544 So.2d 421 (La.App. 3 Cir. 1989) (career-criminal sentencing considerations in fourth-offender cases)
- State v. Reichard, 880 So.2d 97 (La.App. 5 Cir. 2004) (mult offender rights advisement not reversible error when proven otherwise)
- State v. Parker, 871 So.2d 317 (La.2004) (sentence date controls applicability of statute for sentencing)
- State v. Horne, 88 So.3d 562 (La.App. 5 Cir. 2012) (discretionary review of excessiveness factors in sentencing)