Appealed from the First Judicial District Court for the
Parish of Caddo, Louisiana Trial Court No. 331432 Honorable
Brady D. O'Callaghan, Judge
LOUISIANA APPELLATE PROJECT By: Douglas Lee Harville Counsel
E. STEWART, SR. District Attorney MEKISHA S. CREAL RICHARD
SOL FEINBERG Assistant District Attorneys Counsel for
STONE, MOORE, and STEPHENS, JJ.
criminal case, the defendant, Adam Martin
("Martin"), was found guilty by a jury of attempted
second degree murder. Pursuant to the Habitual Offender Law,
Martin was sentenced as a second-felony offender to 80 years
at hard labor without benefit of probation or suspension of
sentence. The trial court denied Martin's motion to
reconsider sentence, and Martin now appeals his sentence as
excessive. For the following reasons, we affirm Martin's
conviction and sentence.
AND PROCEDURAL HISTORY
the date of the crime, April 12, 2015, Martin had been dating
the victim, Jakare Fecunda ("Ms. Fecunda"), on and
off for 4 to 5 years. That night, Martin and Ms. Fecunda were
at her home on Masters Drive in Shreveport, Louisiana. Around
10 p.m., Ms. Fecunda told Martin she wanted to end her
relationship with him. The conversation began at her home,
but Martin suggested the two take a walk, and Ms. Fecunda
agreed. Before departing from the house, Martin secretly
grabbed a kitchen knife to bring with him on the walk. As the
pair proceeded along Masters Drive, Ms. Fecunda continued to
state that she wanted to end the relationship.
pair stopped walking and Martin said to Ms. Fecunda, "I
love you." Almost simultaneously with his utterance of
those words, Martin turned toward her and stabbed her twice
in the stomach with the aforementioned kitchen knife. Ms.
Fecunda screamed for help and tried to run, but fell to the
ground. Martin grabbed her and attempted to stab her in her
face, but she raised her arm to block him and Martin stabbed
her in her arm just above her elbow. During the struggle,
Martin also stabbed Ms. Fecunda once in her head and twice in
her back. As Ms. Fecunda lay on the ground, Martin stood over
her while she said, "Please, please."
realizing that Martin would not stop stabbing her as long as
she struggled, Ms. Fecunda pretended to be dead. Thereupon,
Martin, apparently believing he had succeeded in killing her,
fled the scene. Once Martin got to the end of the street, Ms.
Fecunda got up and tried to get help at a nearby house but no
one was home. Ms. Fecunda screamed for help. A nearby
resident came to her aid and contacted 911. Ms. Fecunda
stated that she repeated Martin's name over and over,
because she thought she was going to die and she wanted
someone to know who stabbed her.
Ms. Fecunda was being given first aid, Martin returned to the
scene. Martin did not assist in rendering aid to Ms. Fecunda,
but "just stood there" and falsely claimed to those
present that someone armed with a gun and knife, driving a
red car had attacked Ms. Fecunda. However, Ms. Fecunda told
those present that Martin was lying and that he was the
person who stabbed her.
Fecunda was transported by ambulance to an area hospital and
was treated by a trauma surgeon. He testified that one of the
wounds to her abdomen caused serious arterial bleeding which
"shot out like a garden hose," and that she would
have been dead within another hour if she had not received
emergency care. Ms. Fecunda was hospitalized for three weeks
and had four surgeries during that period, including one to
remove her right kidney, and another to remove part of her
was charged by bill of information with the attempted second
degree murder of Ms. Fecunda. Subsequently, he filed a motion
for appointment of a sanity commission, which was granted.
That motion asked that the sanity commission determine
whether Martin had the mental capacity to proceed with the
trial and report on whether Martin had a mental or
neurological condition at the time of the offense. Both
doctors appointed to the sanity commission found Martin
competent to stand trial, and the trial court ruled
accordingly. After trial, the jury found Martin guilty of
attempted second degree murder. Martin filed a motion for
post-verdict judgment of acquittal and a motion for a new
trial. The trial court denied both motions.
the state filed a habitual offender bill charging Martin as a
second-felony offender,  and Martin was adjudicated and
sentenced as such. Ms. Fecunda provided a victim impact
statement at the sentencing hearing. In her testimony, she
described the savagery of Martin's attack on her -
specifically, her physical injuries, Martin's lies about
who attacked her, his lack of remorse, her extensive and
painful recovery process, and delaying her college education
while she recovered. She also described the psychological
trauma that still plagues her and her continuing mental
health treatment. Her testimony was demonstrative of how
severely Martin's knife attack ravaged her mental
well-being as well as her body, and that the extensive
scarring to her body will forever serve as a reminder of what
Martin did to her.
to sentencing, Martin's counsel asked the trial court to
consider as mitigating factors that "Martin is a young
man, that he has had a rough home life, that he has suffered
abuse, that he does have some mental health issues, [and]
that he had to watch a sibling commit suicide." Defense
counsel also requested that the court not impose the maximum
sentence. The trial court provided the sentencing range for a
second-felony offender,  and went through an extensive analysis
of the aggravating and mitigating factors from La. C.Cr.P.
aggravation, the trial court found the following factors set
forth La. C.Cr.P. art. 894.1 (A) (1), (2) & (3) as well
as La. C.Cr.P. art. 894.1 (B) (1), (6), (9), (10) & (21).
A.When a defendant has been convicted of a felony…the
court should impose a sentence of imprisonment if any of ...