State v. Materre, 53 So. 3d 615

Background

Defendant charged August 2, 2007 with second-degree murder, armed robbery, and attempted second-degree murder; later convicted of negligent homicide on June 18, 2009.
Pretrial motions to suppress evidence, statements, and identifications were filed; suppression hearing held August 28, 2007.
State sought severance of counts; defendant waived outstanding motions January 30, 2009; State moved to sever on April 28, 2009.
Trial evidence included eyewitness identification, defendant’s taped statement placing him at the scene, fingerprints and bullets linking to the defendant, and a lineup corroborating identification.
Defendant sentenced July 16, 2009 after a multiple-bill hearing to 75 years as a fourth-felony offender; remaining counts were nolle prossed July 24, 2009.
Conviction and sentence were affirmed on appeal.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for negligent homicide.	Price’s identification and corroborating evidence support guilt.	Price’s statement was used as substantive evidence contrary to court instruction; credibility issues negate sufficiency.	Sufficient evidence supports conviction; Price’s statement used for impeachment, not sole basis.
Constitutionality and excessiveness of 75-year sentence as a fourth-felony offender.	Maximum sentence within habitual-offender framework; sentencing justified by history.	Seventy-five years is grossly excessive under Art. 20 and 894.1.	Seventy-five-year term affirmed as not constitutionally excessive given defendant’s history and conduct.

Key Cases Cited

State v. Pigford, 922 So.2d 517 (La. 2006) (Jackson sufficiency standard applies; weighs credibility and conflicts to jury verdicts)
State v. Sutton, 436 So.2d 471 (La. 1983) (sufficiency in direct and circumstantial evidence)
State v. Gilliam, 827 So.2d 508 (La. App. 2 Cir. 2002) (deference to jury credibility determinations)
State v. Guillot, 277 So.2d 146 (La. 1973) (negligent homicide involves lack of criminal intent)
State v. Barberousse, 480 So.2d 273 (La. 1985) (loading a gun toward another as classic negligent homicide)
State v. McFerson, 583 So.2d 516 (La. App. 3 Cir. 1991) (unreasonably dangerous conduct supports negligence)
State v. Canton, 477 So.2d 868 (La. App. 4 Cir. 1985) (excessiveness inquiry; penalties reflect offense gravity)
State v. Quebedeaux, 424 So.2d 1009 (La. 1982) (high court notes on sentencing ranges)
State v. Trahan, 425 So.2d 1222 (La. 1983) (trial court sentencing discretion within guidelines)
State v. Lanclos, 419 So.2d 475 (La. 1982) (art. 894.1 guidance sufficiency)
State v. Green, 409 So.2d 563 (La. 1982) (record must reflect adequate basis for sentence)
State v. Day, 391 So.2d 1147 (La. 1980) (non-verbatim articulation of reasons acceptable)
State v. Martin, 400 So.2d 1063 (La. 1981) (reasoned sentencing under 894.1)
State v. Hawthorne, 454 So.2d 285 (La. App. 4 Cir. 1984) (non-enumeration of factors ok if basis clear)
State v. Collins, 461 So.2d 384 (La. App. 4 Cir. 1984) (sentencing considerations need not be exhaustive)
State v. Moss, 17 So.3d 441 (La. App. 4 Cir. 2009) (admissibility of prior acts and character evidence in sentencing)
State v. Sepulvado, 36 So.3d 245 (La. 2010) (judicial notice of prior offenses in sentencing)
State v. Myles, 638 So.2d 218 (La. 1994) (consideration of other crimes for sentencing)
State v. Davis, 637 So.2d 1012 (La. 1994) (sufficiency and evidentiary considerations in review)
State v. Garlepied, 454 So.2d 1147 (La. App. 4 Cir. 1984) (one witness may suffice where credible)
State v. Johnson, 709 So.2d 672 (La. 1998) (habitual-offender minimums constitutional)