State of Louisiana v. Jaroderick Harper

Summary

The Louisiana Second Circuit affirmed Jaroderick Harper’s 60-year sentence for molestation of a juvenile under the age of 13, with the first 25 years to be served without benefits. The court held that the record adequately reflected consideration of the sentencing factors and that the sentence was not constitutionally excessive. The court remanded the matter to correct a discrepancy in the resentencing minute entry concerning post-conviction relief advisements.

Holdings

1. The 60-year sentence at hard labor, with the first 25 years to be served without benefits, was not constitutionally excessive and did not constitute an abuse of sentencing discretion.
2. Remand for resentencing was unnecessary because the record from the original sentencing hearing provided an adequate factual basis and demonstrated consideration of the Article 894.1 guidelines.
3. The trial court's refusal to allow Harper to speak personally did not require reversal because any error was harmless and Harper had an opportunity to present mitigating circumstances through counsel and his motion to reconsider.
4. The matter must be remanded for correction of the minute entry because it stated that the trial court advised Harper of his right to post-conviction-relief proceedings, contrary to the transcript.

Questions Presented

1. Whether Harper's 60-year sentence at hard labor, with the first 25 years to be served without benefits, was constitutionally excessive.
2. Whether the trial court's failure to restate the La. C. Cr. P. art. 894.1 factors at resentencing required remand for resentencing.
3. Whether the trial court's refusal to allow Harper to speak at the resentencing hearing required reversal or remand.

Disposition

affirmed