State v. Gregoire, 143 So. 3d 503

Background

Defendant Reynard Gregoire accused of domestic abuse battery by strangulation (count 1) and two counts of attempted first-degree murder (counts 2–3); pleaded not guilty and was tried by jury.
Incident: after an argument with his wife, Gregoire choked her; she fled and called 911; Gregoire fired multiple shots (including into his wife’s car and under his house) and deputies arriving at scene were shot at; deputies heard someone say they would “kill a cop.”
Police recovered multiple firearms, spent shotgun shells and .22 casings; deputies were about 308 feet from Gregoire’s home—within lethal range of recovered .22 ammunition.
Jury convicted Gregoire of responsive offenses: domestic abuse battery (La. R.S. 14:35.3(A)) on count 1 and attempted second-degree murder (La. R.S. 14:27 & 14:30.1) on counts 2–3.
Sentences: 90 days parish jail on count 1; 30 years at hard labor (without parole, probation, or suspension) on each of counts 2–3, to run concurrently. Trial court denied post-trial motions.
Appeal: challenges sufficiency of evidence for intent, claims excessive sentences for counts 2–3, and asserts patent sentencing error regarding an announced 10-year minimum.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence to support attempted second-degree murder convictions	State: deputies’ testimony, gunfire directed at officers, threats, and lethal-range ammunition support specific intent to kill	Gregoire: he fired into the air/woods; lacked specific intent to kill deputies	Conviction upheld: jury credited deputies; specific intent to kill may be inferred from aiming/firing at officers within lethal range
Excessiveness of 30-year sentences on counts 2–3	State: mid‑range sentences within statutory limits justified by facts (intent to kill officers, potential for greater convictions)	Gregoire: trial court failed to adequately consider La. C.Cr.P. art. 894.1 factors; sentence is excessive	Sentences affirmed: within statutory range, trial court considered aggravating/mitigating facts and did not abuse discretion
Alleged patent error re: trial court stating a 10-year minimum	State: sentencing range for attempt consistent with La. R.S. 14:27(D)(1)(a) when underlying offense punishable by life	Gregoire: error because attempt has no minimum under cited subsection	No patent error: court cited correct statutory minimum because attempted offense (second-degree murder) is punishable by life, so 10–50 years range applies
Illegal sentence on count 1 for omission of mandatory fine	State: mandatory minimum fine for first-offense domestic abuse battery not imposed	Gregoire: (no contest) sentence omitted statutory fine	Count 1 amended to add mandatory $300 minimum fine; otherwise affirmed

Key Cases Cited

Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency review)
State v. Ordodi, 946 So.2d 654 (La. 2006) (Jackson standard applied in La. sufficiency review)
State v. Mussall, 523 So.2d 1305 (La. 1988) (review of credibility and sufficiency)
State v. Hoffman, 768 So.2d 542 (La. 2000) (specific intent to kill may be inferred from pointing and firing a gun)
State v. Captville, 448 So.2d 676 (La. 1984) (jury may accept/reject witness testimony and assess credibility)
State v. Haynes, 889 So.2d 224 (La. 2004) (remand for resentencing when amendment implicates sentencing discretion)
State v. Williams, 800 So.2d 790 (La. 2001) (illegal sentence may be corrected; defendant has no right to an illegal sentence)
State v. Sepulvado, 367 So.2d 762 (La. 1979) (prohibition on excessive punishment)
State v. Dorthey, 623 So.2d 1276 (La. 1993) (standard for grossly disproportionate/excessive sentence)
State v. Lanclos, 419 So.2d 475 (La. 1982) (sufficient factual basis can excuse formal recitation of all art. 894.1 factors)