195 So. 3d 1274
La. Ct. App.2016Background
- Deneil Girod was charged with attempted second-degree murder, home invasion, and armed robbery with a firearm after a December 28, 2013 home invasion during which masked intruders held occupants at gunpoint, an occupant was grazed by a bullet, and one intruder was stabbed during a struggle.
- Blood and two knives were recovered; DNA testing matched Girod’s profile to blood from the carport, gate, and one knife, and showed a mixture of Girod’s and the victim’s DNA on the other knife.
- A jury convicted Girod on all counts; the trial court initially imposed concurrent terms (47, 25, 47 years) plus a 5-year firearm enhancement; the State later proved Girod a second felony offender and the court resentenced the armed robbery count to 65 years plus a consecutive 5-year firearm term.
- Girod (through counsel) appealed, arguing his total 70-year sentence was excessive; Girod filed a pro se supplemental brief alleging insufficiency of evidence, ineffective assistance of counsel, and lack of subject-matter jurisdiction.
- The court affirmed convictions and sentences, rejecting excessiveness and sufficiency and finding ineffective-assistance claims more appropriately raised on post-conviction review; it remanded to correct an error in the uniform commitment order concerning the sentencing entries.
Issues
| Issue | State's Argument | Girod's Argument | Held |
|---|---|---|---|
| Excessive sentence | Sentence within statutory ranges and justified by severity, victim impact, and prior record | 70-year aggregate sentence is effectively life, disproportionate, and treatment for addiction needed | Affirmed: not excessive; trial court did not abuse discretion |
| Sufficiency of evidence | DNA, victim testimony, and principals theory establish identity and participation | Victim inconsistencies, alleged contamination, missing testing of some items undermine ID | Affirmed: evidence (DNA + testimony) sufficient to prove identity and principal liability |
| Ineffective assistance of counsel | Record shows strategic choices; merits require evidentiary hearing | Counsel failed to impeach, misframed defense, revealed prior incarceration, and prevented defendant testifying | Dismissed on direct appeal as premature; recommend post-conviction proceeding for evidentiary hearing |
| Subject-matter jurisdiction | State (district attorney) has constitutional authority to prosecute felony cases | State lacks standing; court lacks jurisdiction | Rejected: district court has felony jurisdiction and DA has exclusive charge of prosecutions |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency review)
- State v. Wiley, 68 So.3d 588 (La. App. 5 Cir.) (DNA at scene supports conviction as principal)
- State v. Butler, 997 So.2d 631 (La. App. 5 Cir.) (principals law and armed robbery liability)
- State v. Peterson, 290 So.2d 307 (La. 1974) (indictment need not label defendant a principal)
- State v. Fuller, 980 So.2d 45 (La. App. 5 Cir.) (upholding lengthy habitual-offender sentence)
- State v. Ray, 115 So.3d 17 (La. App. 5 Cir.) (when ID is key, State must negate reasonable probability of misidentification)