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State v. Runyon11/2/2005
ion to reconsider sentence, and at the hearing on the motion, the trial court explained its reasons for imposing consecutive sentences as follows:
I'm not going to repeat the factors enumerated by the Court at that time, [sentencing] except to say this was a particularly egregious crime that the victim was brutally attacked with a knife in a very gruesome manner. The Court did indicate, I think, at the time of sentencing that Mr. McDonald was not the one that instigated this matter, basically someone of his cohorts, that's the only redeeming thing I can see about Mr. McDonald is that he and the deceased were getting along fine until Mr. McDonald's cohorts came up and started this confrontation. But, once it started, Mr. McDonald took charge. And he took charge in a very effective manner. He, but for the grace of God, would have killed two people instead of one. He was very effective in wielding his knife, and the Court thinks that the seriousness of the crime requires that the sentence remain as originally imposed.
Louisiana Code of Criminal Procedure Article 883 states:
If the defendant is convicted of two or more offenses based on the same act or transaction, or constituting parts of a common scheme or plan, the terms of imprisonment shall be served concurrently unless the court expressly directs that some or all be served consecutively. Other sentences of imprisonment shall be served consecutively unless the court expressly directs that some or all of them be served concurrently. In the case of the concurrent sentence, the judge shall specify, and the court minutes shall reflect, the date from which the sentences are to run concurrently.
In State v. Walker, 00-3200, p. 1-2 (La. 10/12/01), 799 So.2d 461, 461-62, the supreme court discussed factors to consider in determining whether a consecutive sentence is appropriate:
Although La.C.Cr.P. art. 883 favors imposition of concurrent sentences for crimes committed as part of the same transaction or series of transactions, a trial court retains the discretion to impose consecutive penalties in cases in which the offender's past criminality or other circumstances in his background or in the commission of the crimes justify treating him as a grave risk to the safety of the community. Defendant McDonald attacked two unarmed men and, using a substantial amount of force, inflicted numerous horrific wounds. As a result of his attack, one man died and another suffered life-threatening injuries. Considering the violence of these offenses and the obvious threat to society presented by him, the trial court did not abuse its discretion by ordering Defendant McDonald's sentences to run consecutively.
Disposition
Defendant Runyon's conviction for manslaughter is affirmed; his conviction for attempted second degree murder is reversed. Both of his sentences are vacated, and the case is remanded for re-sentencing on his convictions of manslaughter and aggravated battery.
Defendant McDonald's convictions are affirmed. His sentence for second degree murder is affirmed, but his sentence for attempted second degree murder is vacated, and the case remanded for re-sentencing. The trial court is instructed that the entirety of the sentence imposed for attempted second degree murder must be served without benefit of parole, probation, or suspension of sentence.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS.
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