State v. Cornejo-Garcia, 90 So. 3d 458

Indicted Feb 26, 2009, Jose Cornejo-Garcia and four co-defendants charged with four counts of second-degree murder.
Mar 22, 2010, State severed trials and quashed count two as to Beauford Gomez.
Nov 16–17, 2010, trial resulted in guilty verdict on all counts; Nov 23, 2010, sentences: three consecutive life terms without parole.
Facts: Oct 30, 2008, armed robbery at Gomez’s Bar; gunmen killed Wallace Gomez, Beauford Gomez, Carmadelle, and Hebert; Funes wounded; Detective Goff arrested suspects nearby.
Appeal raised two issues: denial of special jury instructions and excessiveness of consecutive sentences; trial court’s reasons for consecutive sentences later affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court erred in denying two special jury instructions	Cornejo-Garcia argues self-defense and deadly-force-to-prevent-crime instructions were warranted	State contends instructions were not supported by the evidence	No reversible error; instructions properly denied.
Whether consecutive life sentences are excessive	Consecutive life terms for three murders are excessive and unwarranted	Discretion to impose consecutive sentences was proper given the crimes and conduct	No abuse of discretion; three consecutive life sentences affirmed.
Whether the record contains patent error in advisal of post-conviction relief window			Convictions and sentences affirmed; advisal defect noted but not reversible.

State v. Plumlee, 177 La. 687, 149 So. 425 (La. 1933) (deadly force limits to prevent crime; supports no defense for petty offenses)
State v. Scales, 655 So.2d 1326 (La. 5th Cir. 1995) (aggressor cannot claim self-defense in armed robbery)
State v. Hopkins, 774 So.2d 1178 (La. App. 2 Cir. 2000) (aggressor in armed robbery cannot claim self-defense)
State v. Deshotel, 674 So.2d 260 (La. 1996) (deadly force to prevent violent felony allowed)
State v. Blanchard, 861 So.2d 657 (La. App. 5 Cir. 2003) (necessity to articulate reasons for consecutive sentences)
State v. Dorthey, 623 So.2d 1276 (La. 1993) (downward deviation burden on defendant for constitutionality)
State v. Berniard, 860 So.2d 66 (La. App. 5 Cir. 2003) (exceptional circumstances for meaningful tailoring of sentence)
State v. Royal, 857 So.2d 1167 (La. App. 5 Cir. 2003) (presumption of constitutionality for mandatory sentence)
State v. Lovick, 788 So.2d 565 (La. App. 5 Cir. 2001) (mandatory life for second-degree murder not excessive)
State v. Wood, 11 So.3d 701 (La. App. 3 Cir. 2009) (multiple life sentences not constitutionally excessive)
State v. Smith, 34 So.3d 386 (La. App. 2 Cir. 2010) (multiple life sentences not excessive for recidivist offenses)