Appealed from the First Judicial District Court for the
Parish of Caddo, Louisiana Trial Court No. 200044A Honorable
John Mosely, Jr., Judge
LOUISIANA APPELLATE PROJECT By: Peggy J. Sullivan Counsel for
L. WISE Pro Se
E. STEWART, SR. District Attorney TRENEISHA J. HILL CHARLES
K. PARR Assistant District Attorneys Counsel for Appellee
MOORE, STEPHENS, and THOMPSON, JJ.
Wise appeals a judgment that sentenced him to life in prison
at hard labor, with the eligibility for parole, for second
degree murder, and denied his motion to withdraw his guilty
plea. We affirm.
spare record contains very little in the way of background
facts. In January 1999, the victim, Timothy Hall, was killed.
A grand jury indicted Wise and a codefendant, Boston, for the
first degree murder of Hall. The state filed a notice of
intent to seek the death penalty. Pursuant to a plea bargain
that avoided the death penalty, Wise pled guilty to second
degree murder and, in January 2000, received the mandatory
sentence of life in prison at hard labor, without benefit of
parole, probation or suspension of sentence. He did not
appeal. Apparently, Wise was under the age of 18 at the time
of the offense.
2012, the U.S. Supreme Court held that the Eighth Amendment
forbids a sentencing scheme that mandates life in prison
without the possibility of parole for juvenile homicide
offenders. Miller v. Alabama, 567 U.S. 460, 132
S.Ct. 2455, 183 L.Ed.2d 407 (2012). The same court later held
that Miller applied retroactively. Montgomery v.
Louisiana, 577 U.S.____, 136 S.Ct. 718, 193 L.Ed.2d 599
point, Wise filed a motion to vacate his sentence and to
withdraw his guilty plea. In 2016, the district court
resentenced him to life in prison at hard labor, but this
court vacated it because Wise was not represented by counsel
at the resentencing. State v. Wise, 52, 382 (La.App.
2 Cir. 8/2/18) (unpub. writ order).
IN THE DISTRICT COURT
appeared for resentencing on December 6, 2018, with appointed
counsel, Ms. AndrePont. He made a pro se oral motion to
withdraw his guilty plea; Ms. AndrePont declined to adopt it,
saying it was not in her client's best interest. Wise
argued he was entitled to withdraw his plea because the new
sentence was a "breach of contract": because he
pled guilty to second degree murder with a sentence of life
without the possibility of parole, he felt the state could
not "undo" the agreed sentence. The court advised
Wise that the decision to resentence him was made by the
United States Supreme Court, not by the district attorney,
and that the only action available was to set aside the
mandatory sentence, not to set aside the guilty plea. The
court then resentenced Wise to life in prison at hard labor,
without benefit of probation or suspension or sentence, but
with eligibility for parole. Wise made a pro se objection to
AndrePont filed a motion to reconsider, urging that the
sentence imposed was excessive and that the court erred in
not considering a downward deviation from the mandatory
sentence, under the principles of State v. Dorthey,
623 So.2d 1276 ...