Appealed from the Fourth Judicial District Court for the Parish of Ouachita, Louisiana. Trial Court No. 13F0457. Honorable Daniel J. Ellender, Judge.
LOUISIANA APPELLATE PROJECT, By: Carey J. Ellis, III, Counsel for Appellant.
JERRY L. JONES, District Attorney, GEARY S. AYCOCK, Assistant District Attorney, Counsel for Appellee.
Before STEWART, LOLLEY and GARRETT, JJ.
[49,804 La.App. 2 Cir. 1]
In accordance with a plea agreement, the defendant, Anthony De'Von Bass, pled guilty to manslaughter, in violation of La. R.S. 14:31(A)(1). He was subsequently sentenced to 17 1/2 years at hard labor, with credit for time served. The defendant now appeals. For the reasons set forth in this opinion, we affirm the defendant's conviction and sentence.
FACTS AND PROCEDURAL HISTORY
On February 22, 2013, the defendant was charged by bill of indictment with second degree murder and conspiracy to commit second degree murder. On January 9, 2014, in accordance with a plea agreement, he pled guilty to the reduced charge of manslaughter. The state agreed to dismiss the charge of conspiracy to commit second degree murder. There was no agreement regarding sentencing, and the district court ordered a presentence investigation report.
The following facts were adduced at the defendant's guilty plea hearing. On February 3, 2013, after the Super Bowl, the defendant, along with his nephew, Marquarius York, and the victim, Clinton Pratt, went to play dice at a friend's house in Monroe, Louisiana. After the dice game, the three men left in the defendant's car, with the victim in the front passenger seat and York in the back seat. According to the state, the defendant believed that the victim had cheated him at the dice game, and something happened, causing the defendant to pull out a gun and shoot him several times. The defendant and York then disposed of the victim's body by dumping him out on Rifle Range Road outside of Monroe. The defendant's [49,804 La.App. 2 Cir. 2] abandoned car was later found in Richland Parish, with the victim's blood on the seat, and the seat and back window shot.
At the hearing, the defendant stated that he wanted to explain why he pulled his gun out. He stated that before the dice game, the victim asked to borrow $2,500.00 from him and stated that he would return it after the game. The defendant agreed, as he had known the victim for a long time. After the game, the
defendant asked the victim for his money back, and the victim said " you jacked," indicating that he was not going to give the money back to him. The victim then produced a .22 caliber handgun and placed it on his lap. The defendant stated that he was scared, and in the heat of ...