State of Louisiana Versus Ron C. Youngblood ( 2020 )

STATE OF LOUISIANA NO. 18-KA-445
VERSUS FIFTH CIRCUIT
RON C. YOUNGBLOOD COURT OF APPEAL
STATE OF LOUISIANA
ON REMAND FROM THE LOUISIANA SUPREME COURT
ON APPEAL FROM THE TWENTY-THIRD JUDICIAL DISTRICT COURT
PARISH OF ST. JAMES, STATE OF LOUISIANA
NO. 72,64, DIVISION "C"
HONORABLE KATHERINE TESS STROMBERG, JUDGE PRESIDING
December 09, 2020
MARC E. JOHNSON
JUDGE
Panel composed of Judges Marc E. Johnson,
Stephen J. Windhorst, and John J. Molaison, Jr.
CONVICTION AND SENTENCE FOR COUNT THREE AFFIRMED;
CONVICTION AND SENTENCE FOR COUNT ONE VACATED;
REMANDED
MEJ
SJW
JJM
COUNSEL FOR PLAINTIFF/APPELLEE,
STATE OF LOUISIANA
Ricky L. Babin
Lindsey D. Manda
COUNSEL FOR DEFENDANT/APPELLANT,
RON C. YOUNGBLOOD
Ron C. Youngblood
Lieu T. Vo Clark
JOHNSON, J.
On remand from the Louisiana Supreme Court and pursuant to its order, this
Court conducts a new errors patent review of Defendant, Ron Youngblood’s,
convictions and sentences in light of Ramos v. Louisiana, 590 U.S. ––––, 140 S.Ct.
1390, 206 L.Ed.2d 583 (2020). See, State v. Youngblood, 19-1160 (La. 6/3/20);
296 So.3d 1022. For the following reasons, we find that Defendant is entitled to a
new trial on count one, vacate Defendant’s conviction and sentence on count one,
and remand the matter to the trial court for further proceedings.
FACTS AND PROCEDURAL HISTORY
Defendant, Ron Youngblood, was indicted by a grand jury on August 11,
2015 and charged with two counts of attempted first degree murder of Deputy
Michael Dufresne and Sergeant Dustin Jenkins, in violation of La. R.S. 14:27 and
La. R.S. 14:30 (counts one and two), and one count of felon in possession of a
firearm, in violation of La. R.S. 14:95.1 (count three). State v. Youngblood, 18-445
(La. App. 5 Cir. 5/22/19); 274 So.3d 716, 725, writ granted, cause remanded, 19-
1160 (La. 6/3/20); 296 So.3d 1022. He pled not guilty and proceeded to trial on
September 25, 2017. Id. After a five-day trial, the jury found Defendant guilty on
counts one and three and not guilty on count two (attempted first degree murder of
Sergeant Jenkins). Id. On January 22, 2018, the trial court sentenced Defendant to
50 years at hard labor on count one and 20 years at hard labor on count three, both
without benefit of parole, probation or suspension of sentence, to run
consecutively. Id. On appeal, this Court affirmed Defendant’s convictions and
sentences. See, Id. at 724.
LAW AND ANALYSIS
In Ramos v. Louisiana, 590 U.S. ––––, 140 S.Ct. 1390, 206 L.Ed.2d 583(2020), the United States Supreme Court found that the Sixth Amendment right to
18-KA-445 1
a jury trial—as incorporated against the states by the Fourteenth Amendment—
requires a unanimous verdict to convict a defendant of a serious offense. The Court
concluded, “There can be no question either that the Sixth Amendment's unanimity
requirement applies to state and federal trials equally...So if the Sixth
Amendment's right to a jury trial requires a unanimous verdict to support a
conviction in federal court, it requires no less in state court.” Id., 140 S.Ct. at 1397.
According to Ramos, Louisiana will have to retry defendants who were
convicted of serious offenses by non-unanimous juries and whose cases are still
pending on direct appeal. In a per curiam opinion, the Louisiana Supreme Court
granted Defendant’s writ, finding “[t]he present matter was pending on direct
review when Ramos v. Louisiana was decided, and therefore the holding of Ramos
applies." State v. Youngblood, 296 So.3d at 1022. The supreme court remanded
the matter and directed this Court conduct a new errors patent review in light of
Ramos.
In this matter, the jury was polled on the record on the last day of
Defendant’s trial. The September 29, 2017 transcript shows that Defendant was
convicted of attempted first degree murder (count one) by a verdict of 11-1, and
the verdicts for count two and count three were unanimous. Because the jury
verdicts for counts two (for which Defendant was found not guilty) and three were
unanimous, we find that there is no error, and no corrective action is required
pursuant to Ramos. Accordingly, we will not disturb our original opinion
regarding count three. But, because the verdict for count one was not unanimous,
and the instant case is still on direct review we find that, pursuant to Ramos,
Defendant is entitled to a new trial on count one.1
1
As part of the errors patent review, this Court considered sufficiency of the evidence as required by
State v. Raymo, 419 So.2d 858 (La.1982) and State v. Hearold, 603 So.2d 731 (La.1992). We find that the
State offered evidence at trial that a jury could find sufficient to establish all of the elements of the crimes
of which Defendant was accused. Therefore, Defendant is not entitled to an acquittal under Hudson v.
Louisiana, 450 U.D. 40, 101 S.Ct. 970, 67 L.Ed.2d 30 (1981).
18-KA-445 2
DECREE
Defendant’s conviction and sentence on count three – felon in possession of
a firearm, in violation of La. R.S. 14:95.1 – is affirmed. Defendant’s conviction
and sentence for count one – attempted first degree murder in violation of La. R.S.
14:27 and 14:30.1 – is vacated, and the matter is remanded to the trial court for
further proceedings.
CONVICTION AND SENTENCE FOR COUNT THREE AFFIRMED;
CONVICTION AND SENTENCE FOR COUNT ONE VACATED;
REMANDED
18-KA-445 3
SUSAN M. CHEHARDY CURTIS B. PURSELL
CHIEF JUDGE CLERK OF COURT
MARY E. LEGNON
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON SUSAN BUCHHOLZ
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
HANS J. LILJEBERG
JOHN J. MOLAISON, JR. FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400
(504) 376-1498 FAX
www.fifthcircuit.org
NOTICE OF JUDGMENT AND CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE OPINION IN THE BELOW-NUMBERED MATTER HAS BEEN DELIVERED
IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 2-16.4 AND 2-16.5 THIS DAY
DECEMBER 9, 2020 TO THE TRIAL JUDGE, CLERK OF COURT, COUNSEL OF RECORD AND ALL PARTIES
NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:
18-KA-445
E-NOTIFIED
23RD JUDICIAL DISTRICT COURT (CLERK)
HON. KATHERINE TESS STROMBERG (DISTRICT JUDGE)
LINDSEY D. MANDA (APPELLEE) LIEU T. VO CLARK (APPELLANT)
MAILED
HONORABLE RICKY L. BABIN RON C. YOUNGBLOOD #315437
(APPELLEE) (APPELLANT)
DISTRICT ATTORNEY LOUISIANA STATE PENITENTIARY
23RD JUDICIAL DISTRICT COURT ANGOLA, LA 70712
POST OFFICE BOX 66
CONVENT, LA 70723