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State v. Price

Court of Appeals of Louisiana, Fourth Circuit

July 3, 2019

STATE OF LOUISIANA
v.
JUBBARD PRICE

          APPEAL FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 511-557, SECTION "A" Honorable Laurie A. White, Judge

          Leon Cannizzaro District Attorney Kyle Daly Assistance District Attorney ORLEANS PARISH COUNSEL FOR STATE OF LOUISIANA/APPELLEE

          Mary Constance Hanes LOUISIANA APPELLATE PROJECT COUNSEL FOR APPELLANT/DEFENDANT

          Jubbard Price #552697 PRO SE

          Court composed of Judge Terri F. Love, Judge Roland L. Belsome, Judge Sandra Cabrina Jenkins

          TERRI F. LOVE, JUDGE

         Jubbard Price ("Defendant Price") appeals his sentences as a second felony offender on two counts of negligent homicide. The trial court erred in sentencing Defendant Price as a second felony offender on two counts of negligent homicide by imposing the sentences without the benefit of parole. In that La. R.S. 15:529.1(G) does not restrict parole, the trial court lacked authority to deny Defendant Price parole eligibility on the two counts of negligent homicide. Additionally, a discrepancy exists between the August 2017 sentencing transcript and the court minutes, which state that the trial court designated the two counts of negligent homicide as crimes of violence, whereas the August 2017 transcript does not. Therefore, we remand the matter to the trial court to amend the sentences to delete the illegal restrictions on parole eligibility and to amend the minute entry to conform to the transcript. The trial court is also ordered to instruct the Clerk of Criminal District Court to transmit the corrected document to the officer in charge of the institution to which Defendant Price has been sentenced.

         PROCEDURAL HISTORY AND FACTUAL BACKGROUND

         The following facts adduced at trial and giving rise to Defendant Price's conviction and sentences on two counts of negligent homicide is taken from the

         Supreme Court's per curiam opinion:

Defendant was indicted with five counts of second degree kidnapping and three counts of second degree murder. The evidence established that defendant, Donald Johnson, and Andrea Price arrived at Troy Leslie's residence on Devine Street in New Orleans on January 12, 2012. Their plan was to lure those persons present into the garage with the promise of marijuana, hold them there at gunpoint, and then find and steal a safe. Some of the victims were successfully lured to the garage, while others were violently forced there by Johnson. Ultimately, defendant held five persons in the garage at gunpoint while Johnson searched for the safe. In the course of the robbery, Johnson shot several of the victims, killing three and maiming a fourth. Defendant and Johnson loaded the safe into a stolen vehicle and fled with Price. They crashed the vehicle while fleeing from police, and Johnson was killed in the ensuing shootout. The safe was recovered from the vehicle, and Price testified against defendant at trial.

State v. Price, 17-0520, p. 1-2 (La. 6/27/18), 250 So.3d 230, 231.

         Following a jury trial, Defendant Price was found guilty of five counts of simple kidnapping and two counts of negligent homicide. He was sentenced to five years at hard labor on each count, plus fines, reparation, and court costs.

         The State subsequently filed a multiple offender bill, pursuant to La. R.S. 15:529.1, charging Defendant Price as a second felony offender based on a 2009 conviction for illegal use of a weapon. The trial court found that the State failed to prove Defendant Price's status as a ...


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