Preview:

Editor's note: opinion released October 17, 2000

SUPREME COURT OF LOUISIANA
No. 99-K-3256 STATE OF LOUISIANA v. ROY LINDSEY On Writ of Certiorari to the Court of Appeal, Fourth Circuit, Parish of Orleans consolidated with No. 99-K-3302 STATE OF LOUISIANA v. DARRYL K. WEBSTER On Writ of Certiorari to the Court of Appeal, Fourth Circuit, Parish of Orleans VICTORY, J. At issue in these consolidated cases is whether or not the mandatory penalty of life imprisonment for each of the defendants dictated by the Habitual Offender Statute, La. R.S. 15:529.1, constitutes an excessive sentence under State v. Johnson, 97-1906 (La. 3/4/98), 709 So. 2d 672. After reviewing the record and the applicable law, we hold that in State v. Lindsey, the mandatory life sentence imposed by the trial court was not excessive under Johnson. However, because the court of appeal in State v. Webster did not analyze the facts of that case under Johnson, but instead relied on prior jurisprudence from this Court, we remand State v. Webster to the court of appeal for reconsideration. FACTS AND PROCEDURAL HISTORY Defendant Roy Lindsey was employed as a waiter at the Court of Two Sisters restaurant in New Orleans at the time of his arrest. Marsha Miles, a cashier at the restaurant, worked in the adjoining bar. On March 29, 1996 at approximately 5:40

p.m., the defendant came into the bar after the designated eating time for employees. After Ms. Miles scolded Lindsey for being in the bar after hours, he bought a bag of potato chips. While Ms. Miles was ringing up his request for another bag of chips, he reached over the bar and took a handful of twenty dollar bills ($400.00) from the cash register. When Ms. Miles attempted to close the drawer, Lindsey grabbed her wrist and tried to pull her over the counter. When she asked what he was doing, he replied "Just tell Richard Drego [the night manager]." He then ran out of the restaurant and into the street with the money but was subsequently arrested. On October 30, 1997, a six-person jury found Lindsey guilty of simple robbery. Following his adjudication as a fourth felony offender, the trial court sentenced him to life imprisonment at hard labor without benefit of probation or suspension of sentence. Lindsey appealed and the Fourth Circuit affirmed his conviction and sentence. State v. Lindsey, 98-1212 (La. App. 4 Cir. 11/3/99), 752 So. 2d 994. Defendant Darryl K. Webster snatched a purse from the shoulder of a tourist from Maryland who was visiting the French Quarter. One of the victim's companions chased and caught Webster and he was arrested. The victim retrieved her purse which had fallen to the ground. On October 23, 1997, a jury found Webster guilty of purse snatching. Webster pled guilty to a multiple bill as a triple felony offender and was sentenced to life imprisonment without benefit of probation or suspension of sentence. The Fourth Circuit reversed his sentence as excessive and remanded the case to the trial court for resentencing. State v. Webster, 98-0807 (La. App. 4 Cir. 11/10/99), 746 So. 2d 799. We granted and consolidated these writ applications to determine whether either of these sentences is excessive under this Court's jurisprudence. State v. Lindsey, 99-3256 (La. 5/12/2000); State v. Webster, 99-3302 (La. 5/12/2000). DISCUSSION At issue in these cases is the same issue we addressed in State v. Johnson, supra, that is, under what rare circumstances is a sentence lower than the minimum sentence mandated by the Habitual Offender Law required to be imposed because

2

imposition of the mandatory sentence would be excessive under the Louisiana Constitution. The Habitual Offender Law, La. R.S. 15:529.1, provides in part as follows: (A)(1) Any person who, after having been convicted within this state of a felony . . . thereafter commits any subsequent felony within this state, upon conviction of said felony, shall be punished as follows: ... (b) If the third felony is such that upon a first conviction , the offender would be punishable by imprisonment for any term less than his natural life then: ... (ii) If the third felony or either of the two prior felonies is a felony defined as a crime of violence under R.S. 14:2(13)1 or as a violation of the Uniform Controlled Dangerous Substances Law punishable by imprisonment for more than five years or any other crime punishable by imprisonment for more than twelve years, the person shall be imprisoned for the remainder of his natural life, without benefit of parole, probation, or suspension of sentence. (c) If the fourth or subsequent felony is such that, upon a first conviction the offender would be punishable by imprisonment for any term less than his natural life then: ... (ii) If the fourth or subsequent felony or any of the prior felonies is a felony defined as a crime of violence under R.S. 14:2(13) or as a
1

La. R.S. 14:2(13) defines a "crime of violence" as follows:

"Crime of violence" means an offense that has, as an element, the use, attempted use, or threatened use of physical force against the person or property of another, and that, by its very nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense or an offense that involves the possession or use of a dangerous weapon. The following enumerated offenses and attempts to commit any of them are included as "crimes of violence": (a) Solicitation for murder; (b) First degree murder; (c) Second degree murder; (d) Manslaughter; (e) Aggravated battery; (f) Second degree battery; (g) Aggravated assault; (h) Mingling harmful substances; (i) Aggravated rape; (j) Forcible rape; (k) Simple rape; (l) Sexual battery; (m) Aggravated sexual battery; (n) Oral sexual battery; (o) Aggravated oral sexual battery; (p) Intentional exposure to AIDS virus; (q)Aggravated kidnapping; (r) Second degree kidnapping; (s) Simple kidnapping; (t) Aggravated arson; (u) Aggravated criminal damage to property; (v) Aggravated burglary; (w) Armed robbery; (y) Simple robbery; (z) Purse snatching; (aa) Extortion; (bb) Assault by drive-by shooting; (cc) Aggravated crime against nature; (dd) Carjacking; (ee) Illegal use of weapons or dangerous instrumentalities. 3

violation of the Uniform Controlled Dangerous Substances Law punishable by imprisonment for more than five years or of any other crime punishable by imprisonment for more than twelve years, the person shall be imprisoned for the remainder of his natural life, without benefit of parole, probation, or suspension of sentence. The Legislature enacted the Habitual Offender Law pursuant to its sole authority under Article 3,

Download 1999-K-3256 STATE OF LOUISIANA v. ROY LINDSEY.pdf

Louisiana Law