Summary
The Louisiana Second Circuit Court of Appeal reviewed Isaiah Montez Burns’s 35-year sentence following his guilty plea to manslaughter. The court held that the sentence was not constitutionally excessive but amended it to remove improper restrictions on probation, parole, and suspension of sentence under La. R.S. 14:31(B).
Topics
Practice areas
Questions Presented
- Whether the trial court's 35-year sentence for manslaughter was constitutionally excessive.
- Whether the restrictions on probation, parole, and suspension of sentence stated during sentencing and reflected in the minutes and commitment order were legally authorized for Burns's manslaughter conviction.
- Whether the appellate court could correct the illegal sentence and sentencing documents on appeal.
Holdings
- Because the victim was not identified as being under ten years old, La. R.S. 14:31(B) did not authorize restrictions on probation, parole, or suspension of sentence. The restrictions stated by the trial court and reflected in the minutes and commitment order were therefore improper.
- The 35-year sentence at hard labor was not constitutionally excessive and did not constitute an abuse of the trial court's sentencing discretion.
Key quotations
“The statute does not provide for the restriction of benefits when the victim is over the age of ten years; therefore, any restrictions of benefits by the court are improper.” (2)
“For the reasons stated hereinabove, Burns’ sentence of 35 years at hard labor is hereby AFFIRMED but AMENDED to remove any restriction of benefits.” (5)
Factual background
After a verbal altercation at a party, Burns and acquaintances approached Delario Jackson at Jackson's property while Jackson was picking up trash after the party. Burns fired several shots at Jackson, killing him, then fled, discarded the firearm, stole two vehicles, and was apprehended in a wooded area. Burns had a prior criminal record and was a convicted felon unlawfully possessing a firearm. He ultimately pleaded guilty to manslaughter in exchange for dismissal of the other charges.
Procedural history
Burns was charged with second-degree murder, obstruction of justice by tampering with evidence, and possession of a firearm by a convicted felon. He withdrew his not-guilty plea and pleaded guilty to an amended manslaughter charge, with the other charges dismissed. The trial court imposed a 35-year sentence at hard labor, denied his motion to reconsider sentence, and granted a timely appeal. The court of appeal affirmed the sentence but amended it to remove improper restrictions on probation, parole, and suspension of sentence and directed correction of the minutes and commitment order.
Remand instructions
The sentencing minutes and commitment order must be corrected to remove any restriction on probation, parole, or suspension of sentence. The 35-year hard-labor sentence itself is affirmed.