Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Youngblood

Court of Appeals of Louisiana, Fourth Circuit

July 31, 2019

STATE OF LOUISIANA
v.
ERIC YOUNGBLOOD

          APPEAL FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 526-482, SECTION "D" Honorable Paul A Bonin, Judge

          BARTHOLOMEW-WOODS, J., CONCURS IN THE RESULT Leon Cannizzaro, District Attorney Donna Andrieu, Assistant District Attorney Scott G. Vincent, Assistant District Attorney ORLEANS PARISH COUNSEL FOR STATE OF LOUISIANA/APPELLEE

          Mary Constance Hanes LOUISIANA APPELLATE PROJECT COUNSEL FOR DEFENDANT/APPELLANT

          Court composed of Judge Sandra Cabrina Jenkins, Judge Regina Bartholomew-Woods, Judge Paula A. Brown

          SANDRA CABRINA JENKINS JUDGE

         Defendant, Eric Youngblood, was convicted of conspiracy to introduce contraband into a penal institution, a violation of La. R.S. 14:(26)402, adjudicated a third felony offender, and sentenced to twenty-seven years at hard labor without benefit of probation, parole, or suspension of sentence. In his sole assignment of error on appeal, defendant argues that the trial court imposed an excessive sentence. Based on our review of the record and applicable law, we find that the trial court adequately complied with sentencing guidelines and that the facts and circumstances warrant the sentence imposed. Accordingly, we affirm defendant's sentence.

         PROCEDURAL BACKGROUND

         On September 24, 2015, defendant and two co-defendants, Aranton Johnson and Joshua Domino, were charged by bill of information with conspiracy to introduce contraband into a penal institution, a violation of La. R.S. 14:(26)402. On October 14, 2015, defendant and his co-defendants appeared for arraignment and entered pleas of not guilty.

          July 26, 2017, Joshua Domino withdrew his prior plea of not guilty; he pled guilty as charged to La. R.S. 14:(26)402; he also pled guilty to a multiple bill as a third felony offender; and he was sentenced to three years, four months at hard labor.

         On August 7, 2017, the case against defendant and Aranton Johnson proceeded to a jury trial. At the conclusion of the four day trial, the jury found defendant guilty as charged, but found Aranton Johnson not guilty. Defendant filed motions for new trial and post-verdict judgment of acquittal, which were denied by the trial court. On October 3, 2017, the trial court sentenced defendant to 15 years at hard labor. Defendant subsequently filed motions to reconsider sentence and to correct illegal sentence that were denied by the trial court.

         On November 9, 2017, the State filed a multiple bill charging defendant as a third felony offender based on two prior felony guilty pleas in 2012. The trial court held a multiple bill hearing on July 10, 2018.[1] The trial court found defendant to be a third felony offender, vacated his original sentence, and resentenced defendant to twenty-seven years at hard labor without benefit of probation, parole, or suspension of sentence.

         This timely appeal followed.

         STATEMENT OF FACTS

         Orleans Parish Sherriff's Deputy Chauncey Phillips testified that, in 2015, he worked at the Orleans Parish Prison, appointed to a certain tier or dorm to monitor and keep control of the tier and inmates. In June of 2015, defendant approached Deputy Phillips on the yard and attempted to engage in conversation about personal information. Deputy Phillips rebuffed defendant and told him to walk away. Later on, defendant approached Deputy Phillips a second time, expressed that he was stressed out, and offered to pay Deputy Phillips to bring contraband into the jail. After telling defendant that he was not interested and was not "that type of deputy," Deputy Phillips notified Sgt. Lance Wade, of the prison's Criminal Intelligence Division. Sgt. Wade then enlisted Deputy Phillips in an investigation of defendant's plan to get contraband into the jail.

         Under Sgt. Wade's direction, Deputy Phillips wrote a note to defendant providing a price list for different items and instructing defendant to provide a contact and his order for contraband items. Defendant replied the same day with a note stating, "I'm about to give you 250 for the smokes. Her name is Key and her number is []. She get [sic] off at 7:30 p.m."

         Under the direction of Sgt. Wade, Deputy Phillips arranged a meeting with the contact, Keyoka Motley, at the Brown Derby, located at the intersection of S. Jefferson Davis Pkwy and Tulane Ave. The location of the meeting was placed under surveillance and photographs were taken of the exchange. At the meeting, Motley gave Deputy Phillips a brown bag and paid him cash she retrieved from an automatic teller machine in the store. Deputy Phillips immediately took the bag to Sgt. Wade, who took photographs of the contents of the bag-nine pills identified as oxycontin and five packs of Bugler tobacco. After removing the oxycontin pills, Sgt. Wade instructed Deputy Phillips to leave the bag and its contents in a prison restroom where defendant could retrieve it. After Deputy Phillips placed the bag in the restroom, he told defendant where to find the package. Defendant went into the restroom, retrieved the package, put it in his jumpsuit, and walked out. At that time, Deputy Phillips escorted defendant to the watch office.

          Deputy Phillips also testified about additional notes that he wrote defendant soliciting information about other prison guards who might be working with defendant. Some of the letters were delivered through another prisoner, defendant's cousin, Aranton Johnson, who told Deputy Phillips, "[e]verything go through me." But Deputy Phillips stated that he was confident that any note he gave to Johnson would be delivered to defendant.

         Jim Huey testified as the custodian of records for the inmate phone system at Orleans Parish Prison. Huey explained how all jail calls are logged and recorded. He identified the call detail sheet for defendant, which provides all of the details from each of the calls, including the telephone number called, the date, time, and duration of the call. Huey also authenticated excerpts of nine recorded ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.