FROM THE THIRTY-SIXTH JUDICIAL DISTRICT COURT PARISH OF
BEAUREGARD, NO. 2014-313 HONORABLE C. KERRY ANDERSON,
Annette Fuller Roach Counsel for Defendant/Appellant Fahim A.
R. Lestage District Attorney Richard A. Morton First
Assistant District Attorney Thirty-Sixth Judicial District
Counsel for Appellee State of Louisiana
composed of Ulysses Gene Thibodeaux, Chief Judge, Shannon J.
Gremillion, and Phyllis M. Keaty, Judges.
ON REMAND FROM THE LOUISIANA SUPREME COURT
PHYLLIS M. KEATY JUDGE
result of the remand from the supreme court in State v.
Shaikh, 16-750 (La. 10/18/17), So.3d, we consider
Defendant's pretermitted claim regarding his allegedly
excessive sentence arising from his conviction for indecent
behavior with a juvenile. For the following reasons,
Defendant's sentence for indecent behavior with a
juvenile is vacated, and the case is remanded to the trial
court for resentencing.
AND PROCEDURAL BACKGROUND
court is familiar with the factual background in this case in
light of State v. Shaikh, 15-68 (La.App. 3 Cir.
3/23/16), 188 So.3d 409. As the facts have not materially
changed since that opinion, we adopt the facts set forth
therein by reference as though set forth in full herein:
In this criminal matter, the thirteen-year-old victim, A.G.
at her house on the morning of April 17, 2014, when her
mother, Mitzi Gormanous, left with her older daughter and
grandson to go shopping. A.G. did not go shopping because she
was punished for inappropriate behavior. When they returned
approximately an hour and a half later, A.G. was gone. This
was the second time that A.G. had run away according to her
mother, and following a brief search, Gormanous called the
sheriff's office and reported A.G. as a runaway. A.G. was
found later that day when she went to the sheriff's
station with Mrs. Judith Knox.
Mrs. Knox was the grandmother of her friend, Alexis Knox, and
with whom Alexis lived. A.G.'s trial testimony indicates
that on the morning in question, she planned on running away
to Alexis's house. As such, she packed a bag with her
clothes and began walking towards her destination. As she was
walking, Shaikh, who was driving his car, stopped and asked
A.G. if she needed a ride. A.G. obliged and asked to be taken
to Alexis's house. Since Alexis was not going to be home
until later that day, Shaikh and A.G. went to the Dairy Queen
drive-through to get food, went to Shaikh's friend's
apartment, ran other errands, and finally ended up at
Alexis's house. A.G. alleged that during this time,
Shaikh kissed her cheek, tickled her, slapped her butt, and
professed his love for her.
As a result, Shaikh was charged on June 12, 2014 with one
count of simple kidnapping, a violation of La.R.S. 14:45, and
one count of indecent behavior with a juvenile, a violation
of La.R.S. 14:81. Following a three-day jury trial which
began on February 23, 2014, Shaikh was convicted as charged.
Shaikh subsequently filed a Motion for New Trial and a Motion
for Post-Verdict Judgment of Acquittal Pursuant to Code of
Criminal Procedure Article 821, which the trial court
summarily denied on April 2, 2014.
On April 13, 2014, Shaikh was sentenced to five years, with
two years suspended, on the simple kidnapping conviction. As
to the indecent behavior with a juvenile conviction, he was
sentenced to seven years with three years suspended. Both
sentences were ordered to be served concurrently with Shaikh
receiving credit for time served, for a total of four years
of incarceration and five years of supervised probation upon
release. He was also ordered to pay a fine of $2, 500 on each
count, plus court costs. The general conditions of probation
were ordered, along with $500 to be paid to the Criminal
Court Fund, $300 for cost of prosecution, and $300 to the
Public Defender's Fund. The fines, fees, and costs were
ordered by the trial court to be paid on a twenty-four month
payment plan. Shaikh subsequently filed a Motion to
Reconsider Sentence which was denied by the trial court on
May 4, 2015.
State v. Shaikh, 188 So.3d at 412.
perfected a timely appeal, following which this court vacated
his conviction and sentence for indecent behavior with a
juvenile, finding that there lacked sufficient evidence.
State v. Shaikh, 188 So.3d 409. We further held that
Defendant's sentence arising from his conviction for
simple kidnapping was constitutionally excessive and, as
such, vacated the sentence and remanded the matter to the
trial court for resentencing. Id. The supreme court
subsequently reinstated Defendant's conviction for
indecent behavior with a juvenile as well as reinstated his
sentence for simple kidnapping, as originally imposed.
State v.Shaikh, __ So.3d__. It remanded
the matter to this court to address ...