State v. Price

• Decision Date: 03 July 2019
• Docket Number: NO. 2019-KA-0087,2019-KA-0087
• Parties: STATE OF LOUISIANA v. JUBBARD PRICE
• Court: Court of Appeal of Louisiana — District of US

STATE OF LOUISIANA
v.
JUBBARD PRICE

NO. 2019-KA-0087

COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA

July 3, 2019

APPEAL FROM CRIMINAL DISTRICT COURT ORLEANS PARISH
NO. 511-557, SECTION "A"
Honorable Laurie A. White, Judge

Judge Terri F. Love

(Court composed of Judge Terri F. Love, Judge Roland L. Belsome, Judge Sandra Cabrina Jenkins)

JENKINS, J., CONCURS IN PART AND DISSENTS IN PART

Leon Cannizzaro
District Attorney
Kyle Daly
Assistance District Attorney
ORLEANS PARISH
619 S. White Street
New Orleans, LA 70119

COUNSEL FOR STATE OF LOUISIANA/APPELLEE

Mary Constance Hanes
LOUISIANA APPELLATE PROJECT
P. O. Box 4015
New Orleans, LA 70178-4015

COUNSEL FOR APPELLANT/DEFENDANT

-and-

Jubbard Price #552697
Rayburn Correctional Center
27268 Highway 21
Angie, LA 70426—3030

PRO SE

Page 2

REVERSED AND REMANDED

Page 3

Jubbard Price ("Defendant Price") appeals his sentences as a second felony offender on two counts of negligent homicide. The trial court erred in sentencing Defendant Price as a second felony offender on two counts of negligent homicide by imposing the sentences without the benefit of parole. In that La. R.S. 15:529.1(G) does not restrict parole, the trial court lacked authority to deny Defendant Price parole eligibility on the two counts of negligent homicide. Additionally, a discrepancy exists between the August 2017 sentencing transcript and the court minutes, which state that the trial court designated the two counts of negligent homicide as crimes of violence, whereas the August 2017 transcript does not. Therefore, we remand the matter to the trial court to amend the sentences to delete the illegal restrictions on parole eligibility and to amend the minute entry to conform to the transcript. The trial court is also ordered to instruct the Clerk of Criminal District Court to transmit the corrected document to the officer in charge of the institution to which Defendant Price has been sentenced.

Page 4

PROCEDURAL HISTORY AND FACTUAL BACKGROUND

The following facts adduced at trial and giving rise to Defendant Price's conviction and sentences on two counts of negligent homicide is taken from the Supreme Court's per curiam opinion:

Defendant was indicted with five counts of second degree kidnapping and three counts of second degree murder. The evidence established that defendant, Donald Johnson, and Andrea Price arrived at Troy Leslie's residence on Devine Street in New Orleans on January 12, 2012. Their plan was to lure those persons present into the garage with the promise of marijuana, hold them there at gunpoint, and then find and steal a safe. Some of the victims were successfully lured to the garage, while others were violently forced there by Johnson. Ultimately, defendant held five persons in the garage at gunpoint while Johnson searched for the safe. In the course of the robbery, Johnson shot several of the victims, killing three and maiming a fourth. Defendant and Johnson loaded the safe into a stolen vehicle and fled

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