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State v. Toucheck

Court of Appeals of Louisiana, Third Circuit

December 30, 2019

STATE OF LOUISIANA
v.
CODY JAMES TOUCHECK-AKA- CODY TOUCHECK

          APPEAL FROM THE SIXTEENTH JUDICIAL DISTRICT COURT PARISH OF IBERIA, NO. 17-294 HONORABLE SUZANNE M. DEMAHY, DISTRICT JUDGE

          Richard Allen Spears COUNSEL FOR DEFENDANT/APPELLANT: Cody James Toucheck

          M. Bofill Duhe District Attorney COUNSEL FOR PLAINTIFF/APPELLEE: State of Louisiana

          Court composed of Billy Howard Ezell, D. Kent Savoie, and Van H. Kyzar, Judges.

          VAN H. KYZAR JUDGE

         Defendant, Cody James Toucheck, appeals his sentences of thirty years at hard labor for attempted second degree murder and five years at hard labor for aggravated battery. For the reasons set forth herein, we affirm each of the convictions and sentences.

         FACTS AND PROCEDURAL HISTORY

         On March 23, 2017, Defendant was charged by bill of information with the attempted second degree murder of Nicole Bourque, in violation of La.R.S. 14:27 and La.R.S. 14:30.1 and with the aggravated battery of Terry A. Ware, in violation of La.R.S. 14:34. On June 8, 2018, Defendant pled no contest to each of the charged offenses.

         At the time of Defendant's no contest plea, the State gave the following factual basis for the charged offenses:

Under Docket Number 17-294, on or about the date alleged in the Bill of Information, if called to trial the State intends to prove that officers with the Iberia Parish Sheriffs Office were dispatched to Cedar Hill Circle, Apartment Number 8, in reference to a stabbing. Upon arrival they located victim Nicole Bourque who had been stabbed multiple times found laying in the middle of the roadway by her residence. She was stabbed by the defendant, Cody Toucheck, who was her boyfriend at the time. Officers also spoke with witness and victim Terry Ware who was a friend of Nicole Bourque and was standing beside her. He was also cut in the face during the course of the altercation by Mr. Cody Toucheck. Ms. Bourque had to undergo emergency surgery after suffering stab wounds to the neck, forearm, kidney and lung area.

         The trial court ordered a presentence investigation (PSI) following Defendant's entry of the plea. On November 19, 2018, Defendant was sentenced to thirty-years at hard labor for the attempted second degree murder and five years at hard labor for the aggravated battery. Those sentences were ordered to run concurrently to each other but consecutively to a six-year sentence Defendant received for second degree battery in another unrelated case charged under a separate docket number.[1]

         On December 18, 2018, Defendant filed a "Motion to Reconsider Sentence, or Alternatively, Notice of Appeal." Although Defendant sought reconsideration of his sentences, he gave no specific basis for the motion, merely stating, "[Defendant] seeks reconsideration of the sentences handed down." Defendant's request was denied, and a return date set for his appeal.

         Defendant now appeals his sentences for both attempted second degree murder and aggravated battery, contending that the sentences are excessive because the trial court "did not sufficiently take into account mitigating factors nor did it ...


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