107 So. 3d 743
La. Ct. App.2012Background
- Defendant Hedgspeth, a juvenile at the time of aggravated rape, sought Graham-based sentence relief after Graham v. Florida (juvenile life without parole).
- Trial court resentenced Hedgspeth to life but removed restrictions on probation, parole, or suspension of sentence; minutes and transcript conflicted on the exact phrasing.
- Hedgspeth and counsel challenged the sentence as illegally lenient and demanded resentencing under the next lesser and included offense (Craig remedy).
- Louisiana law and post-Graham developments (Shaffer) addressed whether the remedy is to remove parole restrictions or to remand for resentencing; Shaffer treated the remedy as removing parole restriction, not immediate release.
- Legislation amended La. R.S. 15:574.4(B) and added § D (2012), creating eligibility for parole for certain juveniles under fixed criteria and overriding Shaffer’s approach to parole eligibility.
- Court amended Hedgspeth’s sentence to life without probation or suspension, ordered DOC to revise the prison master to reflect parole eligibility, and affirmed as amended.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Shaffer requires removing parole restriction or Craig remand for new offense sentence. | Hedgespeth urged Craig remand under Shaffer rule. | Shaffer dictates removing parole restriction, not remand under Craig. | Remand for Craig not merited; Shaffer remedy applied to remove parole restriction. |
| Whether the trial court could amend a mandatory life sentence to remove parole restrictions. | Sentence should reflect Graham without altering mandatory life term. | Shaffer allows removal of parole restriction; Graham compliance via amended master. | Illegal leniency corrected; amendment to life without probation/suspension proper. |
| Effect of 2012 amendments to RS 15:574.4 on parole eligibility after Graham. | Amendments overrule Shaffer remedy. | Amendments provide framework for parole, but do not override Shaffer’s remedy. | Amendment creates eligibility under DS 15:574.4(D) while preserving Shaffer’s parole-remedy approach. |
| Conflict between transcript and minutes regarding the new sentence. | Transcript controls; sentence described as with parole consideration. | Minutes reflect the actual sentence. | Transcript controls; sentence is life without probation or suspension. |
Key Cases Cited
- Graham v. Florida, 560 U.S. -, 130 S. Ct. 2011 (U.S. Supreme Court (2010)) (Eighth Amendment prohibits certain juvenile life without parole in non-homicide offenses; requires meaningful opportunity for release.)
- State v. Shaffer, 77 So.3d 939 (La. 2011) (Remedy for Graham was to amend to remove parole restriction, not necessarily immediate release.)
- State v. Macon, 86 So.3d 662 (La. App. 2d Cir. 2012) (Applied Shaffer remedy to make defendant eligible for parole.)
- State v. Mason, 89 So.3d 405 (La. App. 4th Cir. 2012) (Shaffer-based approach; pre-amendment limitations discussed.)
- Craig v. State, 340 So.2d 191 (La. 1976) (Remedy for unconstitutional mandatory penalties by resentencing for lesser offense.)
- State v. Hedgspeth, 974 So.2d 1008 (La. App. 2d Cir. 2008) (Original appellate posture and prior disposition.)