APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL
DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA,
DIRECTED TO THE HONORABLE NANCY A. MILLER, DIVISION
"I", NUMBER 18-546
composed of Judges Fredericka Homberg Wicker, Marc E.
Johnson, and Stephen J. Windhorst
Jamal Washington, seeks review of the trial court's June
28, 2019 denial of his motion to clarify sentence. In his
motion, Relator argued that his conviction for racketeering
was not a crime of violence, as designated by the trial court
at sentencing, and the minute entry for his sentencing should
be clarified to reflect that his conviction is not a crime of
violence. The trial court denied the motion on the basis that
the plea agreement and factual basis for the guilty plea
establish the appropriateness of the crime of violence
designation as applied to Relator's racketeering
La. R.S. 14:2(B) defines, "crime of violence" as an
offense that has, as an element, the use, attempted
use, or threatened use of physical force against the person
or property of another, and that, by its very nature,
involves a substantial risk that physical force against the
person or property of another may be used in the course of
committing the offense or an offense that involves the
possession or use of a dangerous weapon. (Emphasis added).
statute thereafter provides a list of enumerated offenses and
states that those offenses and attempts to commit any of them
are designated as "crimes of violence."
certain crimes are required to be designated by the court in
the minutes as a "crime of violence" pursuant to
La. C.Cr.P. art 890.3(C), the crime of racketeering is not
one of them. Racketeering does not fall within the statutory
definition of a crime of violence or under any of the
enumerated offenses listed as crimes of violence.
Furthermore, according to the factual basis for the guilty
plea agreed to by the State, Relator "never threatened
or harmed the women in any way." Additionally, the plea
agreement itself does not establish the appropriateness of
the crime of violence designation because it does not set
forth any facts associating violence with Relator.
we find the designation in sentencing minute entry that
Relator's conviction for racketeering as a crime of
violence is erroneous. Accordingly, we grant Relator's
writ application, reverse the trial court's June 28, 2019
Order, and remand the matter to the trial court for
correction of the sentencing minute entry. See,
State v. Harrell, 18-63 (La.App. 5 Cir. 10/17/18);
258 So.3d 1007, 1014.
WINDHORST, J., DISSENTS WITH REASONS
respectfully dissent and would deny the writ for the
law indicates that the list under La. R.S. 14:2(B) is
illustrative and not exhaustive. For instance, in State
v. Oliphant, 12-1176 (La. 3/19/13), 113 So.3d 165, the
Louisiana Supreme Court discussed La. R.S. 14:2(B) and
Because this list of enumerated crimes is merely
illustrative, not exhaustive, unlisted offenses may be
denominated as crimes of violence under the general
definition of the term provided by the statute ...
While the Legislature has plenary authority to define crimes
and prescribe punishments and remains essentially free to add
any crime to La. Rev.Stat. § 14:2(B) it sees fit as a
shorthand means of increasing the severity of the offense for
sentencing purposes, courts do not have that same discretion.
Rather, the only standard provided to us by the Legislature
for determining whether an unenumerated crime is a crime of
violence is the general rule that the offense must (1) have
as "an element, the use, attempted use, or threatened
use of physical force against the person or property of
another, and that, by its very nature, involves a substantial
risk that physical force against the person or ...