from the Third Judicial District Court for the Parish of
Lincoln, Louisiana Trial Court No. 66641 Honorable Cynthia T.
RICHARD J. GALLOT, JR. Counsel for Appellant
F. BELTON District Attorney Counsel for Appellee
W. HOUCK LEWIS A. JONES Assistant District Attorneys
WILLIAMS, MOORE and STONE, JJ.
defendant, Veronica Jackson, was indicted on the charge of
second degree murder, a violation of LSA-R.S. 14.30.1.
Pursuant to a plea agreement, the defendant pled guilty to
the responsive verdict of manslaughter, LSA-R.S. 14:31, with
a sentence of at least 20 years and the possibility of the
statutory maximum sentence of 40 years. The district court
sentenced defendant to serve the maximum 40 years'
imprisonment at hard labor. The defendant appeals the
sentence imposed as excessive. For the following reasons, we
November 2014, the victim, Grover Brown, was found dead on
the floor of his home with two gunshot wounds to the head. In
the investigation, defendant became a suspect. She was
arrested and charged with second degree murder. After
defendant entered a plea of not guilty and not guilty by
reason of insanity, the district court ordered a sanity
commission. Based on the reports of doctors, the court found
that defendant had the mental capacity to assist in her
to a plea bargain, defendant pled guilty to manslaughter with
a minimum sentence of 20 years and the possibility of the
statutory maximum sentence of 40 years. In accepting the
guilty plea, the district court expressly stated that
defendant was not waiving her right to seek appellate review
of her sentence. After a sentencing hearing, the district
court sentenced defendant to serve 40 years' imprisonment
at hard labor. The defendant's motion to reconsider
sentence was denied and this appeal followed.
defendant contends the district court erred in imposing an
excessive sentence. Defendant argues that a less harsh
sentence is warranted because she has no prior criminal
record, she admitted her guilt and she showed remorse for
committing the crime.
defendant cannot appeal or seek review of a sentence imposed
in conformity with a plea agreement which was set forth in
the record at the time of the plea. LSA-C.Cr.P. art.
881.2(A)(2). This provision applies to both agreed-upon
sentences and sentencing ceilings, ranges and caps. State
v. Young, 96-0195 (La. 10/15/96), 680 So.2d 1171;
State v. Brown, 50, 138 (La.App. 2d Cir. 9/30/15),
181 So.3d 170; State v. Burford, 39, 801 (La.App. 2d
Cir. 6/29/05), 907 So.2d 873. This Court has allowed review
of a defendant's sentence, even though there was an
agreed-upon sentence, sentencing range, or sentencing cap,
when the trial court mentions the right to appeal the
sentence during the plea colloquy. State v. Brown,
supra. Otherwise, the issue of whether the advisement of
the right to appeal had any effect on the voluntariness of
the plea might arise. Id.
of the guilty plea colloquy in this case shows that defendant
waived her right to appeal her conviction, but did not waive
her right to appeal her sentence. Thus, we ...