State of Louisiana v. Shaquille Wonyae Bradford

Summary

The Louisiana Court of Appeal, Second Circuit, affirmed Shaquille Wonyae Bradford’s conviction for aggravated second degree battery and his 25-year sentence as a second felony habitual offender. The court rejected his arguments concerning sufficiency of the evidence, inconsistency between the aggravated battery conviction and firearm-possession acquittal, and excessive sentencing. It instructed the trial court to amend the minutes to remove the restriction on parole eligibility.

Holdings

1. The evidence was sufficient to support the conviction because the State proved that Bradford intentionally inflicted serious bodily injury on Hill by striking her with an instrumentality that, as used, was calculated or likely to produce great bodily harm.
2. The aggravated second degree battery conviction was not legally inconsistent with the acquittal for possession of a firearm by a convicted felon because the two offenses contain different elements.
3. The 25-year sentence was not constitutionally excessive and did not constitute an abuse of discretion.
4. The sentencing minutes must be amended to remove the restriction on parole eligibility because neither the aggravated battery statute nor the habitual-offender statute imposed that restriction.

Questions Presented

1. Whether the evidence was sufficient to prove aggravated second degree battery when the alleged dangerous weapon was a firearm and the jury acquitted defendant of possession of a firearm by a convicted felon.
2. Whether the guilty verdict for aggravated second degree battery was legally inconsistent with the acquittal for possession of a firearm by a convicted felon.
3. Whether the 25-year sentence imposed on defendant as a second felony habitual offender was constitutionally excessive or an abuse of sentencing discretion.
4. Whether the sentencing minutes should be corrected because they improperly stated that the sentence was imposed without benefit of parole.

Disposition

affirmed