96 So. 3d 1240
La. Ct. App.2012Background
- Pettus appeals a life sentence at hard labor after adjudication as a fourth felony offender.
- Original theft conviction involved goods valued at over $300; initial two-year hard labor sentence reversed on appeal.
- Habitual offender adjudication relied on three priors: cocaine possession (1998), obstruction of justice (1999), and US bank robbery; additional pending charges noted.
- On remand, trial court clarified the enhanced sentence was life at hard labor without parole, probation, or suspension, to run concurrently with another case.
- This court previously affirmed the life sentence’s constitutionality and remanded only for sentence-clarification; law-of-the-case limits reconsideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Pettus' life sentence for a fourth felony offender constitutionally excessive? | Pettus contends the sentence is excessive given the latest offense value ($307) and limited recency. | State maintains the life sentence is not disproportionate in light of Pettus' criminal history. | Not excessive; prior ruling not disturbed; law-of-the-case applies. |
| May the court reconsider its law-of-the-case ruling on excessiveness on later appeal? | Pettus seeks reconsideration based on new record/arguments. | Law of the case bars revisiting the earlier determination. | No reconsideration; law-of-the-case doctrine applies. |
| Whether the remand required parole restriction, and whether the sentence must reflect parole eligibility. | Pettus argues for the possibility of parole under applicable laws. | Sentence clarified as without parole on remand, but corrected to reflect parole eligibility. | Sentence amended to allow parole availability; commitment corrected accordingly. |
Key Cases Cited
- State v. Pettus, 68 So.3d 21 (La.App. 5 Cir. 2011) (remand for clarification; law-of-the-case outcome preserved)
- State v. Doussan, 924 So.2d 333 (La.App. 5 Cir. 2006) (precedent on habitual offender sentencing constraints)
- State v. Lathers, 15 So.3d 1068 (La.App. 5 Cir. 2009) (habitual offender considerations)
- State v. Jacobs, 904 So.2d 82 (La.App. 5 Cir. 2005) (precedent on appellate review and limitations)
- State v. Battaglia, 861 So.2d 704 (La.App. 5 Cir. 2003) (limitations on sentencing review)
- State v. Collins, 30 So.3d 72 (La.App. 5 Cir. 2009) (complexities of habitual offender sentences)