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State v. Davis

Court of Appeals of Louisiana, Fifth Circuit

June 30, 2015

STATE OF LOUISIANA
v.
DOMINIQUE DAVIS

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT. PARISH OF JEFFERSON, STATE OF LOUISIANA. NO. 11-2986, DIVISION " J" . HONORABLE STEPHEN C. GREFER, JUDGE PRESIDING.

PAUL D. CONNICK, JR., DISTRICT ATTORNEY, Twenty-Fourth Judicial District, Parish of Jefferson; TERRY M. BOUDREAUX, THOMAS J. BUTLER, JEROME G. SMITH, III, DOUGLAS W. FREESE, ASSISTANT DISTRICT ATTORNEYS, Gretna, Louisiana, COUNSEL FOR PLAINTIFF/APPELLEE.

JANE L. BEEBE, ATTORNEY AT LAW, Louisiana Appellate Project, New Orleans, Louisiana, COUNSEL FOR DEFENDANT/APPELLANT.

Panel composed of Judges Fredericka Homberg Wicker, Jude G. Gravois, and Robert A. Chaisson.

OPINION

ROBERT A. CHAISSON, J.

Page 1224

[15-118 La.App. 5 Cir. 2] The sole issue presented in this appeal is whether defendant's sentences of life imprisonment without benefit of parole for his four second degree murder convictions are excessive in light of the fact that he was a juvenile at the time the offenses were committed. For the reasons that follow, we find that defendant's sentences are not excessive and that the trial court did not err in denying defendant parole eligibility on the sentences imposed for his second degree murder convictions.

PROCEDURAL HISTORY

On November 18, 2011, a twelve-person jury found defendant, Dominique Davis,

Page 1225

guilty of four counts of second degree murder (counts one, four, five, and six), one count of armed robbery (count two), one count of illegal use of weapons (count three), one count of attempted second degree murder (count seven), and one count of conspiracy to commit armed robbery (count eight). Thereafter, on [15-118 La.App. 5 Cir. 3] December 5, 2011, the trial court sentenced defendant to four consecutive sentences of life imprisonment without benefit of parole, probation, or suspension of sentence on the four counts of second degree murder. The trial court further sentenced defendant to ninety-nine years at hard labor without benefit of parole, probation, or suspension of sentence on the armed robbery count, two years at hard labor on the illegal use of weapons count, fifty years at hard labor on the attempted second degree murder count, and forty-nine years at hard labor on the conspiracy to commit armed robbery count.

Defendant thereafter appealed his convictions and sentences. This Court affirmed defendant's convictions on all counts and his sentences for armed robbery, illegal use of weapons, attempted second degree murder, and conspiracy to commit armed robbery. However, because defendant was a juvenile at the time the offenses were committed, this Court vacated the portions of defendant's life sentences for second degree murder (counts one, four, five, and six) that eliminated parole eligibility and remanded to the trial court for resentencing in conformity with Miller v. Alabama, __ U.S. __, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012). See State v. Davis, 12-512 (La.App. 5 Cir. 4/24/13), 115 So.3d 68, writ denied, 13-1205 (La. 11/22/13), 126 So.3d 479.

In accordance with this Court's instructions, the trial court conducted a Miller hearing, and after considering the evidence presented, determined that defendant's original life sentences without parole were appropriate. The trial court thereafter resentenced defendant on counts one, four, five, and six to consecutive sentences of life imprisonment without ...


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