State v. Clark, 52 So. 3d 304

Clark was convicted by a jury of attempted first degree murder of a peace officer and sentenced to 50 years without parole, probation, or suspension.
The offense occurred on March 31, 2007, when Deputy Schexnider was shot with a shotgun during a traffic incident; Harris returned fire and Clark fled into a field.
Clark was found in the field about ten hours later, mud-covered and wet, and surrendered to police.
Clark repeatedly asked transport officers whether he had killed the officer during transport to the hospital.
The State charged Clark with attempted first degree murder (and firearm possession by a felon; the latter was dismissed in 2009).
On appeal, Clark raised sufficiency of evidence and excessiveness of sentence as the issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence	Clark contends the State failed to prove his identity as the shooter.	Clark asserts misidentification undermines proof beyond reasonable doubt.	Sufficient evidence showed identity and elements beyond reasonable doubt.
Excessiveness of the sentence	Clark argues the 50-year maximum is excessive under the circumstances.	Clark relies on lack of mitigating factors and argues discretion was abused.	Trial court did not abuse discretion; maximum sentence affirmed.

State ex rel. Graffagnino v. King, 436 So.2d 559 (La. 1983) (Jackson standard for sufficiency of evidence guidance)
Hughes, 943 So.2d 1047 (La. 2006) (identity defenses and misidentification concerns)
Duncan, 420 So.2d 1105 (La. 1982) (Jackson v. Virginia framework in Louisiana)
Moody, 393 So.2d 1212 (La. 1981) (reliability of trial evidence standard)
Kennerson, 695 So.2d 1367 (La. App. 3 Cir. 1997) (sufficiency review by reviewing court)
Smith, 766 So.2d 501 (La. App. 3 Cir. 2000) (excessive sentence appellate scrutiny factors)
Plauche, 32 So.3d 852 (La. App. 3 Cir. 2010) (individualized sentencing and aggravating factors)
Thompson, 894 So.2d 1268 (La. App. 2 Cir. 2005) (maxims of sentencing for serious offenses)