194 So. 3d 657
La. Ct. App.2016Background
- Andrew DeBerry pled guilty pursuant to a plea deal to attempted manslaughter, illegal possession of stolen things > $1,500, and aggravated flight from an officer; resisting was nol prossed and habitual-offender treatment was waived.
- Facts: on Aug. 13, 2014, DeBerry led a high-speed chase from Bossier into Webster Parish in a stolen Ford F-350, driving squarely at Trooper Chuck Partin and creating a risk of death or great bodily injury.
- At sentencing the court considered DeBerry’s youth (17 at the time), substance abuse, Texas juvenile record, an adult felony sexual-assault conviction, and other pending charges.
- Sentences imposed (concurrent): 19½ years hard labor for attempted manslaughter (near maximum of 20 years), 5 years for possession, and 1½ years for aggravated flight.
- DeBerry moved to reconsider, arguing excessiveness because he was young, intoxicated, and the officer was not injured; the motion was denied and he appealed only the manslaughter sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Excessive sentence for attempted manslaughter | Trial court: sentence appropriate given facts, history, and plea benefit | DeBerry: 19½ years is excessive because he was 17, high on drugs, and officer was not injured | Affirmed — court found sentencing factors considered and sentence not grossly disproportionate |
| Whether youth/intoxication mitigate to render near-max unlawful | Trial court: youth considered but outweighed by violent conduct and prior record | DeBerry: youth and intoxication reduce culpability and deserve leniency | Rejected — court gave weight to criminal history, danger posed, and plea advantage obtained |
Key Cases Cited
- Boykin v. Alabama, 395 U.S. 238 (U.S. 1969) (requirements for a knowing and voluntary guilty plea)
- State v. Smith, 433 So.2d 688 (La. 1983) (trial judge need not list every aggravating/mitigating circumstance)
- State v. Lanclos, 419 So.2d 475 (La. 1982) (art. 894.1 compliance goal is articulation of factual basis, not rigid mechanics)
- State v. Dorthey, 623 So.2d 1276 (La. 1993) (constitutional prohibition on grossly disproportionate sentences)
- State v. McKinney, 976 So.2d 802 (La. App. 2d Cir. 2008) (trial court discretion to impose maximum when plea reduces exposure and offense involves violence)