from the First Judicial District Court for the Parish of
Caddo, Louisiana Lower Court Case No. 136, 984 Honorable
Brady D. O'Callaghan, Judge
LOUISIANA APPELLATE PROJECT By: Carey J. Ellis, III Counsel
CALHOUN JAMES E. STEWART, SR. District Attorney SUZANNE
MORELOCK WILLIAMS LAURA OWEN WINGATE FULCO Assistant District
Attorneys Counsel for Appellee.
WILLIAMS, DREW, and COX, JJ.
his 1989 conviction for first degree murder, Field Calhoun
was sentenced to life at hard labor without benefit of
probation, parole, or suspension of sentence. We affirmed his
conviction and sentence in State v. Calhoun, 554
So.2d 127 (La.App. 2 Cir. 1989), writ denied, 558
So.2d 601 (La. 1990). The defendant was 17 when he committed
this gruesome crime.
of Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455,
183 L.Ed.2d 407 (2012), and Montgomery v. Louisiana,
577 U.S., 136 S.Ct. 718, 193 L.Ed.2d 599 (2016), the trial
court in 2016 amended the sentence to allow him the benefit
of parole eligibility.
defendant now appeals. His appellate counsel has filed a
motion to withdraw, together with a brief pursuant to
Anders v. California, 386 U.S. 738, 87 S.Ct. 1396,
18 L.Ed.2d 493 (1967), alleging that there are no
nonfrivolous issues upon which to base an appeal. We agree
defendant filed a pro se brief, assigning four
errors. None have merit.
affirm the defendant's life sentence with parole
eligibility. We also grant counsel's request to withdraw
from this case.
August 9, 2012, the defendant filed a pro se motion
to correct an illegal sentence, arguing that mandatory life
without parole was unconstitutional under Miller v.
Alabama, supra, because he was 17 years old
when he killed the victim.
Montgomery held that Miller was to be
applied retroactively to cases on collateral review, defense
counsel filed a motion to vacate this sentence, arguing that
he should be sentenced to the next lesser included offense of
2016 sentencing hearing, no witnesses were called. The trial
• rejected defendant's arguments regarding the
ex post facto application of La.C.Cr.P. art. 878.1
and La. R.S. 15:574.4(E);
• declined to resentence under the manslaughter statute;
• granted to the defendant the possibility of parole