State v. Isidore
State v. Isidore
Opinion of the Court
|gThe defendant, Bobby Christopher Isi-dore, was charged by grand jury indictment with second degree murder, a violation of La. R.S. 14:30.1 (count 1); and with obstruction of justice (count 2), a violation of 14:130.1(A)(1). He' pled not guilty and, following a jury trial, was found guilty as charged on count 1 and not guilty on count 2. The defendant was sentenced to life imprisonment at hard labor without benefit of parole. The defendant filed a motion to reconsider sentence, which was denied. The defendant now appeals, designating one assignment of error. We affirm the conviction and sentence.
FACTS
On the afternoon of September 7, 2013, Leighton M. Powe, Jr., drove to the Dollar General store on Robert Boulevard in Sli-dell to sell marijuana to people he did not know. Earlier that day, Leighton had called his friend, Kayla Moore, for contacts of people who wanted to buy marijuana. After arrangements for the sale were made, at approximately 3:00 p.m., Leigh-ton drove to. Kayla’s house to pick up an unknown person to accompany him to the sale. Racheal Payne, Leighton’s girlfriend, rode in the front passenger seat, and Leighton’s friend, Kenneth Pere, rode in the back seat with the new passenger.
As Leighton sat dying in the front seat, Felix told Trenton where to drive. While Trenton was driving, the defendant removed the marijuana from Leighton’s pants for the three of them to split among each other. Trenton drove to Javery Road, a dead-end road in a wooded, somewhat secluded area off of La. Hwy 11 in Slidell, Louisiana. The defendant and Felix took Leighton out of the truck and left him face down in a ditch on the side of the road. Leighton died a short time later. The defendant left Javery Road on foot. Trenton and Felix drove to the Dollar General on La. Hwy 190, where a vehicle driven by Felix’s friend was waiting. Before Trenton got in the car, he took the paperwork on his truck from the glove box, removed the license plate from his truck, and told Felix to go bum the truck. Felix drove Trenton’s truck to Camelot Drive, doused the vehicle with gasoline, and set it on fire. Camelot Drive is within two miles of Javery Road. The fire did not bum the outside of the truck and did some moderate damage to the inside of the truck. Police found Leighton’s body and the truck on the same day as the robbery and killing.
The defendant did not testify at trial.
ASSIGNMENT OF ERROR
In his sole assignment of error, the defendant argues that his sentence is excessive.
1/The Eighth Amendment to the United States Constitution and Article I, § 20, of the Louisiana Constitution prohibit the imposition of cruel or excessive punishment. Although a sentence falls within statutory limits, it may be excessive. State v. Sepulvado, 367 So.2d 762, 767 (La. 1979). A sentence is considered constitutionally excessive if it is grossly disproportionate to the seriousness of the offense or is nothing more than a purposeless and needless infliction of pain and suffering. A sentence is considered grossly disproportionate if; when the crime and punishment are considered in light of the harm done to society, it shocks the sense of justice. State v. Andrews, 94-0842 (La.App. 1st Cir.5/5/95), 655 So.2d 448, 454. The trial court has
The articulation of the factual basis for a sentence is the goal of Article 894.1, not rigid or mechanical compliance with its provisions. Where the record clearly shows an adequate factual basis for the sentence imposed, remand is unnecessary even where there has not been full compliance with Article 894.1. State v. Landos, 419 So.2d 475, 478 (La. 1982). The trial judge should review the defendant’s personal history, his prior criminal record, the seriousness of the offense, the likelihood -that he will' commit another crime, and his potential for rehabilitation through correctional services other than confinement. See State v. Jones, 398 So.2d 1049, 1051-52 (La. 1981). On appellate review of a sentence, the relevant question is whether the trial court abused its broad sentencing discretion, not whether another [^sentence might have been more appropriate. State v.- Thomas, 98-1144 (La.10/9/98), 719 So.2d 49, 50 (per curiam).
For the defendant’s second degree murder conviction, the trial court imposed the mandatory life sentence. The defendant argues in brief that, while he agreed to take part in a plan to physically overpower “a drug dealer” and to steal his marijuana, and even agreed to use a gun to intimidate him if necessary, he never agreed to kill him. The defendant notes that sentences are to be tailored to the particular circumstances of the offense and of the offender, and that trial courts have the authority to reduce a mandatory minimum sentence if found to be excessive. According to the defendant, his- “relative culpability” should have been taken into account when sentenced, and that he was no more culpable than Trenton, who was allowed to plead to manslaughter.
In State v. Dorthey, 623 So.2d 1276, 1280-81 (La. 1993), the Louisiana Supreme Court opined that if a trial judge were to find that the punishment mandated by La. R.S. 15:529.1 make's no “measurable contribution to acceptable goals of punishment” or that the sentence amounted to nothing more than “the purposeful imposition of pain and suffering” and is “grossly out of proportion to the severity of the crime,” he has the option, indeed the duty, to reduce such sentence to one that would not be constitutionally excessive. In State v. Johnson, 97-1906 (La.3/4/98), 709 So.2d 672, 676-77, the Louisiana Supreme Court reexamined the issue of when Dorthey permits a downward departure 'from the mandatory minimum sentences in the Habitual Offender Law, While both Dorthey and Johnson involve the mandatory minimum sentences imposed under the Habitual Offender Law, the Louisiana Supreme Court has held that the sentencing review principles espoused in Dorthey áre not restricted in application to the penalties provided by La. R.S. 15:529.1. See State v. Fobbs, 99-1024 (La.9/24/99), 744 So.2d 1274, 1275 (per | (¡curiam); State v. Collins, 2009-1617 (La.App. 1st Cir.2/12/10), 35 So.3d 1103, 1108, writ denied, 2010-0606 (La.10/8/10), 46 So.3d 1265.
The defendant contends that the sentencing record should reflect the trial court considered the seriousness of the crime and his past criminal history. The defendant further maintains, the trial
Mandatory sentences have been repeatedly upheld as constitutional and consistent with the federal and state constitutional provisions prohibiting cruel, unusual or excessive punishment.' See State v. Jones, 46,758 (La.App. 2nd Cir.12/14/11), 81 So.3d 236, 249, writ denied, 2012-0147 (La.5/4/12), 88 So.3d 462. To rebut the presumption that the mandatory minimum sentence is constitutional, the defendant must clearly and convincingly show that he is exceptional, which means that because of unusual circumstances this defendant is a victim of the legislature’s failure, to assign sentences that are meaningfully tailored to the culpability of the offender, the gravity of the offense, and the circumstances of the case. Johnson; 709 So.2d at 676.
| ./There is nothing párticularly unusual about the defendant’s circumstances that would justify a downward departure from the mandatory sentence under La. R.S. 14:30.1(B). The record before us clearly established an adequate factual basis for the sentence imposed. The defendant has not proven by clear and convincing evidence that he is exceptional such that a mandatory life sentence would not be meaningfully tailored to the culpability of the offender, the gravity of the offense, and the circumstances of the cáse. See Johnson, 709 So.2d at 676. Accordingly, no downward departure from the presumptively constitutional mandatory life sentence is warranted. The sentence imposed is not grossly disproportionate to the severity of the offense and, therefore, is not unconstitutionally excessive.
The assignment of error is without merit.
DECREE
For the assigned reasons, Bobby Christopher Isidore’s conviction for second degree murder and his mandatory life sentence are affirmed. .
CONVICTION AND SENTENCE AFFIRMED.
. In a separate trial, Felix Adams was found guilty of second degree murder and sentenced to life imprisonment at hard labor. Adams appealed and this court affirmed his conviction for second degree murder and life sentence. See State v. Adams, 2015-1155 (La, App, 1st Cir. 12/23/15), 2015 WL 9438859 (unpublished). Trenton Johnson pled guilty to manslaughter and was sentenced to 25 years in prison.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.