FROM THE TWENTY-SEVENTH JUDICIAL DISTRICT COURT PARISH OF ST.
LANDRY, NO. 16-K-1269-D HONORABLE D. JASON MECHE, DISTRICT
Douglas Lee Harville Louisiana Appellate Project COUNSEL FOR
DEFENDANT/APPELLANT: Sam Clark, Jr.
Clark, Jr. In Proper Person David Wade Correctional Center
COUNSEL FOR DEFENDANT/APPELLANT: Sam Clark, Jr.
B. Taylor District Attorney Kathleen E. Ryan Assistant
District Attorney Twenty-Seventh Judicial District Court
COUNSEL FOR PLAINTIFF/APPELLEE: State of Louisiana
composed of Sylvia R. Cooks, Shannon J. Gremillion, and Van
H. Kyzar, Judges.
Sam Clark, Jr., appeals his sentence of forty years
incarceration at hard labor following his conviction for
manslaughter for the killing of his former
wife. For the reasons set forth, we affirm the conviction and
AND PROCEDURAL HISTORY
June 20, 2016, Defendant, Sam Clark, Jr., was
charged by bill of indictment with the second degree murder
of his wife, Kimberly Perkins Clark, in violation of La.R.S.
14:30.1. Jury selection began on September 24,
2018. Following a two-day trial, Defendant
was found guilty of the responsive verdict of manslaughter on
September 26, 2018.
November 13, 2018, the trial court sentenced Defendant to
forty years at hard labor. Defendant filed a
"Motion to Reconsider Sentence" on December 7,
2018, arguing that his sentence was
excessive, as follows:
In sentencing the defendant, the Court
failed to take into consideration all of the
mitigating factors pursuant to the sentencing guidelines and
sentenced the defendant to a term of imprisonment in excess
of a term that would be considered reasonable for the facts
of this case and, therefore, is cruel and unusual punishment.
The defendant seeks reconsideration of this sentence as being
excessive under the circumstances.
hearing was held on Defendant's motion on January 24,
2019. Counsel for Defendant presented no new evidence
during the hearing but urged "that the
court reconsider the forty year period based on the evidence
that was submitted to the court at the prior
sentencing." The trial court denied the motion, noting
that "in [its] mind it should have been
murder and [it] felt that sentence fit what the facts showed
during the case."
facts as presented during the trial and as
noted by the trial court at sentencing show
that Defendant shot his wife twice in the back of the head,
then threw her body off a bridge, where she ultimately died
from drowning. At trial, Defendant successfully argued that
the murder occurred in sudden passion ...