88 So. 3d 601
La. Ct. App.2012Background
- Defendant Samuel Reed was charged with two counts of attempted second degree murder under LSA-R.S. 14:27 and 14:30.1.
- Trial by jury held December 14–15, 2010; jury found Reed guilty on both counts.
- Sentencing on March 1, 2011 imposed ten years in the Department of Corrections without parole, probation, or suspension.
- The charged incident occurred at the Richard Kestle residence; after a fight, Reed allegedly fired multiple shots from a gun.
- State witnesses testified Reed started the fistfight; Reed’s wife allegedly encouraged firing.
- On appeal, Reed challenged sufficiency of the evidence, self-defense, sudden passion, and sentencing procedures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there sufficient evidence of specific intent to kill? | Reed targeted victims with a gun after fighting began. | Evidence supports defense or lack of intent to kill. | Yes; evidence supports specific intent to kill beyond reasonable doubt. |
| Did Reed prove self-defense/defense of others by a preponderance? | State failed to negate self-defense; Reed acted to defend. | Defendant reasonably believed protection was necessary. | No; the State disproved self-defense/defense of others beyond a preponderance. |
| Did Reed prove sudden passion/heat of blood to reduce to manslaughter? | Provocation caused sudden passion; facts support mitigation. | Provocation reduced defendant's culpability to manslaughter. | No; mitigators not established by preponderance. |
| Was the single ten-year sentence proper for multiple counts? | Concurrent sentencing should apply; no error to combine. | Two concurrent sentences should have been imposed for two counts. | Yes; single concurrent sentence permissible under Batiste; affirmed. |
Key Cases Cited
- State v. Hebert, 930 So.2d 1039 (La.App. 5 Cir. 2006) (specific intent required for attempted second degree murder)
- State v. Mitchell, 772 So.2d 78 (La.2000) (circumstantial-evidence standard; reasonable-doubt review)
- State v. Washington, 866 So.2d 973 (La.App. 5 Cir. 2004) (circumstantial evidence and alternative-hypothesis review)
- State v. Rainey, 722 So.2d 1097 (La.App. 5 Cir. 1998) (State bears burden to negate self-defense in homicide; preponderance in non-homicide cases)
- State v. Batiste, 517 So.2d 371 (La.App. 5 Cir. 1987) (concurrent sentencing when counts arise from same transaction)