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State v. Boyd

Court of Appeals of Louisiana, Fourth Circuit

July 25, 2018

STATE OF LOUISIANA
v.
KENDRICK BOYD

          APPEAL FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 491-628, SECTION "H" Honorable Camille Buras, Judge

          Leon A. Cannizzaro, Jr. Scott G. Vincent District Attorney COUNSEL FOR STATE OF LOUISIANA/APPELLEE

          Mary Constance Hanes LOUISIANA APPELLATE PROJECT COUNSEL FOR DEFENDANT/APPELLANT

          Court composed of Judge Rosemary Ledet, Judge Paula A. Brown, Judge Tiffany G. Chase

          TIFFANY G. CHASE JUDGE

         Kendrick Boyd (hereinafter "Mr. Boyd") appeals the resentencing resulting from his carjacking conviction. Mr. Boyd lists two assignments of error arguing that his sentence is excessive under Article I, Section 20 of the Louisiana Constitution and that his trial counsel, at sentencing, rendered ineffective assistance under the Sixth Amendment to the United States Constitution and Article I, Section 13 of the Louisiana Constitution. After consideration of the record before this Court and the applicable law, we affirm Mr. Boyd's sentence.

         The underlying facts of this case have previously been before this Court. Following an appeal of his conviction, this Court affirmed Mr. Boyd's carjacking conviction; vacated the sentence due to the trial court's failure to dispose of post-trial motions before imposing sentencing; and remanded the matter for resentencing. See State v. Boyd, 2011-1129, p. 8 (La.App. 4 Cir. 11/21/12), 104 So.3d 642, 646.

         On remand, Mr. Boyd was adjudicated a second felony offender under the Habitual Offender Law and sentenced to thirty-five years, without the benefit of parole, probation or suspension of sentence. See State v. Boyd, 2014-0408, pp. 1-2 (La.App. 4 Cir. 2/11/15), 164 So.3d 259, 261. Mr. Boyd appealed his sentence and listed two assignments of error: first, that his sentence was excessive under Article I, Section 20 of the Louisiana Constitution; and second, that his trial counsel, at sentencing, rendered ineffective assistance of counsel under the Sixth Amendment to the United States Constitution and Article I, Section 13 of the Louisiana Constitution. Id., 2014-0408 at pp. 2-3, 164 So.3d at 261-62. This Court retained jurisdiction and issued the following decree:

We remand Kendrick Boyd's ineffective-assistance-of-counsel-at-sentencing claim to the district court which shall ensure conflict-free counsel to represent Mr. Boyd, conduct a full evidentiary hearing, and rule on the merits of the claim. Upon conclusion of the proceedings on remand, the district court shall cause a supplemental record of the proceedings on remand to be filed in this court in these proceedings.

Id., 2014-0408 at p. 10, 164 So.3d at 265. On remand the trial court did not find that trial counsel's representation of Mr. Boyd, at the time of sentencing, was ineffective. Following the evidentiary hearing, of August 24, 2017, the record was supplemented with the transcript, the judgment and Mr. Boyd's medical records.[1]

         Mr. Boyd's assignments of error are identical to those presented to this Court in his previous appeal, but were not fully addressed. Id., 2014-0408 at pp. 2-3, 164 So.3d at 261-62. Thus, we will address the issues raised in light of the supplemental record.

         Excessive Sentence

         Assignment of Error 1:

Kendrick Boyd's sentence of thirty-five years for an unarmed carjacking as a second offender (based on a prior conviction for marijuana possession) is excessive under the circumstances of this case; the trial court failed to give proper consideration to the mitigating factors, particularly the fact that Mr. Boyd suffers from bipolar disorder; the trial court's reasoning for imposing such a harsh sentence is seriously flawed, and on ...

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