61 So. 3d 74
La. Ct. App.2011Background
- Reed and Cheek embarked on a 2006 crime spree after a traffic stop; Cheek shot and wounded a deputy and killed Commander Gonzales.
- They fled to Kenner, stole weapons from the officer’s expedition, and sought refuge by forcing entry into a residence after lying about a robbery.
- Inside the home, Reed and Cheek restrained three victims, including an 81-year-old woman and a 12-year-old boy, and Reed helped locate phone cords while Cheek searched for keys.
- Eight hours after being held, Lori Parham identified Reed from a photographic lineup; Reed was arrested, questioned, and gave a voluntary taped statement after Miranda rights were read.
- Reed pled guilty to three counts of second-degree kidnapping and two counts of armed robbery as part of a plea agreement; she was sentenced to concurrent 40-year terms for kidnapping and 50-year terms for robbery, without parole, probation, or suspension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the denial of Reed's motion to recuse reversible? | Reed contends the judge should have recused due to bias. | Reed did not preserve appellate review for non-jurisdictional defects due to not reserving Crosby rights. | Waived; absence of Crosby reservation means recusal issue not reviewable. |
| Are Reed’s five sentences excessive given the plea? | Reed should be able to appeal excessiveness. | Plea agreement forecloses appellate review of sentence. | Precluded; sentences imposed under the plea agreement are not subject to review for excessiveness. |
| Is there an error patent regarding armed robbery sentencing and statutory requirements? | R.S. 15:301.1(A) self-activates necessary restrictions; no remand required for ministerial correction. |
Key Cases Cited
- State v. Crosby, 338 So.2d 584 (La. 1976) (guilty plea generally waives nonjurisdictional defects unless reserved)
- State v. Sede, 8 So.3d 702 (La. 5th Cir. 2009) (failure to recuse not a jurisdictional defect; waived by unconditional guilty plea)
- State v. Williams, 800 So.2d 790 (La. 2001) (when sentencing restrictions are not stated, statute self-activates them)
- State v. Cross, 958 So.2d 28 (La. App. 5 Cir. 2007) (plea agreement provisions limit appellate review of sentences)
- State v. Jones, 927 So.2d 514 (La. App. 5 Cir. 2006) (plea-based sentence review precluded)