57 So. 3d 405
La. Ct. App.2011Background
- Jenkins pled guilty to forcible rape and molestation of a juvenile under 13; sentences 40 and 50 years, concurrent, no probation or parole benefits.
- Plea agreement allowed concurrent sentences; the State’s guilty-plea facts described Jenkins’ conduct and DNA evidence supporting both offenses.
- Offenses occurred April 8, 2009 in Webster Parish; victim was a juvenile under 13; Jenkins was 20.
- Trial court recognized Art. 894.1 factors, noted potential life exposure for aggravated rape, but accepted the plea to forcible rape and sentenced concurrently.
- Jenkins moved to reconsider; appellate review affirmed the convictions and sentences, rejecting both double jeopardy and excessiveness challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dual convictions violated double jeopardy | Jenkins argues the forcible rape plea precluded the molestation conviction | State contends offenses are distinct and supported by separate elements | No double jeopardy; offenses are distinct and record shows separate acts and evidence |
| Whether sentences are excessive | Jenkins argues sentences are disproportionate and denied parole/probation benefits | State argues wide sentencing discretion; plea benefited Jenkins and concurrent terms were appropriate | Convictions and sentences affirmed; not grossly disproportionate given the offenses and plea terms |
Key Cases Cited
- Blockburger v. United States, 284 U.S. 299 (U.S. Supreme Court, 1932) (establishes the test for double jeopardy based on whether each crime requires proof of a different element)
- State v. Redfearn, 22 So.3d 1078 (La.App.2d Cir. 2010) (Louisiana dual-offense analysis and double-jeopardy framework)
- State v. Arnold, 816 So.2d 289 (La. 2002) (exception to waiver-review of guilty pleas when record shows lack of jurisdiction or power)
- State v. Colgin, 989 So.2d 876 (La.App.2d Cir. 2008) (great discretion in sentencing for guilty pleas; no abuse unless manifest)