State of Louisiana v. Ja'Kaylin Rashard Smith

Judgment rendered February 25, 2026.
Application for rehearing may be filed
within the delay allowed by Art. 922,
La. C. Cr. P.

No. 56,721-KA

COURT OF APPEAL
SECOND CIRCUIT
STATE OF LOUISIANA

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STATE OF LOUISIANA Appellee

versus

JA’KAYLIN RASHARD SMITH Appellant

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Appealed from the
Second Judicial District Court for the
Parish of Bienville, Louisiana
Trial Court No. 52,538

Honorable C. Glenn Fallin, Judge

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LOUISIANA APPEALS AND Counsel for Appellant
WRIT SERVICE
By: Remy V. Starns
Michael A. Mitchell
Douglas D. Brown

DANIEL W. NEWELL Counsel for Appellee
District Attorney

PATRICK C. BLANCHARD
PERRIN NELSON SMITH, JR.
Assistant District Attorneys

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Before PITMAN, COX, and THOMPSON, JJ.

THOMPSON, J.

Fifteen-year-old Ja’Kaylin Smith (“Smith”) got into an argument,

retrieved a firearm from inside a home, returned, and attempted to shoot the

17-year-old victim. When the firearm misfired, the victim and another

individual fled, but Smith cleared the misfire, ran down the victim, and shot

him in the chest, killing him. Smith was arrested and charged with second

degree murder but was subsequently allowed to plead guilty to the lesser

charge of manslaughter, with the court to impose a sentence of between 30

years and 40 years. Although the sentence imposed was within the range

agreed to in the plea agreement, Smith now appeals his sentence as

excessive, arguing the court should have given greater consideration to his

age and remorse over the crime. For the reasons set forth herein, we affirm

his conviction and sentence.

FACTS AND PROCEDURAL HISTORY

On April 27, 2023, 15-year-old Smith and 17-year-old Deshavion

Green (“Green”) got into a verbal fight. There were differing witness

accounts on who started the fight, but Smith went inside a home, got a

firearm, and returned. He attempted to shoot Green once, but the firearm

misfired. Green and another man fled the scene, but Smith chased Green.

Once Smith caught up to Green, he shot him once in the chest, killing him.

Smith was indicted for second degree murder in violation of La. R.S.

14:30.1. On July 5, 2023, the trial court ordered that Smith be held and tried

as an adult. After negotiations between Smith, his attorney, and the district

attorney’s office, Smith entered into a plea agreement, which allowed him to

plead guilty to the lesser charge of manslaughter, with a sentencing range

of between 30 and 40 years at hard labor, pursuant to La. R.S. 14:31, and

with the understanding the court would order a presentence investigation.

At the sentencing hearing, the trial court heard testimony from

Green’s aunt and stepmother. Smith’s counselor also testified, stating that

he had a troubled childhood, his mother had repeated incarcerations, and he

had trouble with the recent loss of his grandmother. The day before the

incident, Smith had witnessed his mother being arrested in what his

counselor called a violent arrest. He was in mental health counseling at the

time for anger management issues. Smith read a letter to the court,

expressing remorse and requesting mercy. Defense counsel contended that

Smith’s age and provocation from the victim should be considered as

mitigating factors.

The trial court imposed the maximum sentence of 40 years at hard

labor with credit for time served from July 5, 2023, which was within the

agreed sentencing range. In rendering its sentence, the trial court noted the

district attorney’s decision to amend the charge from second degree murder

to manslaughter was leniency, noting that Smith could have received life in

prison for a second degree murder conviction. The court also took particular

note of Smith’s age at the time of the crime but also remarked on the fact

that another young man lost his life. The trial court denied a motion to

reconsider sentence, and this appeal followed.

DISCUSSION

In his sole assignment of error, Smith argues that his sentence was

unconstitutionally excessive, particularly his 40-year maximum sentence for

manslaughter.

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Assignment of Error: The maximum sentence of forty years for
manslaughter for a first-time juvenile offender with no criminal record
is excessive and an abuse of discretion.

Appellate review of sentences for excessiveness is a two-prong

inquiry. Under the first prong, the record must show that the trial court

considered the factors in La. C. Cr. P. art. 894.1. The primary goal of La. C.

Cr. P. art. 894.1 is for the court to articulate the factual basis for the sentence

imposed, and not simply mechanical compliance with its provisions.

However, if the record reflects that the trial judge adequately considered the

guidelines of the article, then he is not required to list every aggravating or

mitigating circumstance. State v. Smith, 433 So. 2d 688 (La. 1983); State v.

Sandifer, 54,103 (La. App. 2 Cir. 12/15/21), 330 So. 3d 1270; State v.

DeBerry, 50,501 (La. App. 2 Cir. 4/13/16), 194 So. 3d 657, writ denied, 16-

0959 (La. 5/1/17), 219 So. 3d 332.

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 La. C. Cr. P. art. 894.1. State v. Lanclos, 419 So. 2d 475

(La. 1982); Sandifer, supra. In sentencing, the important elements which

should be considered are the defendant’s personal history (age, familial ties,

marital status, health, employment record), prior criminal record, seriousness

of the offense, and the likelihood of rehabilitation. State v. Jones, 398 So.

2d 1049 (La. 1981); Sandifer, supra. There is no requirement that specific

matters be given any particular weight during sentencing. Sandifer, supra;

State v. Shumaker, 41,547 (La. App. 2 Cir. 12/13/06), 945 So. 2d 277, writ

denied, 07-0144 (La. 9/28/07), 964 So. 2d 351. As noted above, the trial

court in the present matter expressed adequate consideration of La. C. Cr. P.

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art. 894.1 and articulated the factual basis for Smith’s sentencing. As such,

this first prong of the analysis has been satisfied.

Under the second prong of the analysis, this Court must determine

whether the sentence is unconstitutionally excessive. A sentence violates

La. Const. art. I, § 20, if it is grossly out of proportion to the seriousness of

the offense or nothing more than a purposeless and needless infliction of

pain and suffering. State v. Dorthey, 623 So. 2d 1276 (La. 1993); State v.

Mandigo, 48,801 (La. App. 2 Cir. 2/26/14), 136 So. 3d 292, writ denied, 14-

0630 (La. 10/24/14), 151 So. 3d 600. A sentence is considered grossly

disproportionate if, when the crime and punishment are viewed in light of

the harm done to society, it shocks the sense of justice. State v. Weaver, 01-

0467 (La. 1/15/02), 805 So. 2d 166; Sandifer, supra. Here, Smith chased

down and killed an unarmed teenager who was attempting to flee.

We recognize that a trial court maintains wide discretion to sentence

within the statutory limits. Absent a showing of manifest abuse of such

discretion, a sentence will not be set aside as excessive. Upon review, an

appellate court does not determine whether another sentence may have been

more appropriate, but whether the trial court abused its discretion. State v.

Weaver, supra; State v. Davis, 50,149 (La. App. 2 Cir. 11/18/15), 181 So. 3d

200.

As a general proposition, maximum or near-maximum sentences are

reserved for the worst offenders and the worst offenses. Sandifer, supra;

State v. Collins, 53,704 (La. App. 2 Cir. 1/13/21), 309 So. 3d 974; State v.

Cotten, 50,747 (La. App. 2 Cir. 8/10/16), 201 So. 3d 299. However, in cases

where the defendant has pled guilty to an offense which does not adequately

describe his conduct, the general rule does not apply, and the trial court has
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great discretion in imposing the maximum sentence possible for the pled

offense. This is particularly true in cases where a significant reduction in

potential exposure to confinement has been obtained through a plea bargain

and the offense involves violence upon a victim. State v. Meadows, 51,843

(La. App. 2 Cir. 1/10/18), 246 So. 3d 639, writ denied, 18-0259 (La.

10/29/18), 254 So. 3d 1208; State v. McKinney, 43,061 (La. App. 2 Cir.

2/13/08), 976 So. 2d 802. Such is the case with Smith.

In the present matter, the imposed maximum sentence is not

unconstitutionally excessive. The record reflects compliance with La. C. Cr.

P. art. 894.1 by the trial court. The sentencing transcript clearly reveals that

the trial court took into consideration the defendant’s age, emotional state at

the time of the crime, and remorse prior to sentencing. However, the trial

court also noted the seriousness of the crime and that another young man lost

his life. The court noted the escalation of the crime by Smith and the fact

that he received a great benefit in pleading to manslaughter rather than

second degree murder, which carries a mandatory minimum of life in prison.

There is no requirement that specific matters be given any particular weight

at sentencing. State v. Meadows, supra. The record supports the trial

court’s determination that the mitigating factors presented were outweighed

by the aggravating facts and circumstances of this case.

The maximum sentence imposed for Smith is also supported by the

record. The record reflects that Smith got into an argument with Green,

went inside a home, retrieved a firearm, and attempted to shoot Green. The

firearm misfired, and when Green ran from Smith, Smith chased him down,

and when he caught up to Green, Smith shot this unarmed fleeing teenager

in the chest, killing him. There were several opportunities for Smith to walk
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away from violence and prevent this incident from occurring. However,

Smith took every opportunity to push forward with escalating violence,

qualifying him as the worst type of offender. As the result of the plea

agreement, he was allowed to plead to an offense that did not adequately

describe his conduct, and he received a significant reduction in potential

exposure. Thus, the chosen maximum sentence is not grossly

disproportionate to the severity of the crime and does not shock the sense of

justice. No abuse of the trial court’s discretion has been shown.

Consequently, we find that this assignment of error lacks merit.

ERROR PATENTS

A review of the record reveals that the indictment bearing the

signature of the grand jury foreperson is absent from the record. La. C. Cr.

P. art. 382(A) provides in pertinent part that “an offense punishable by ... life

imprisonment, shall be instituted by indictment by a grand jury.” Pursuant

to La. C. Cr. P. art. 383, the indictment must be “returned into the district

court in open court ....” Nevertheless, Louisiana courts have held that the

absence in the record of the signed indictment is a harmless error where the

record otherwise reflects that a true bill was returned and where the grand

jury return of indictments reflects that the indictment was signed by the

grand jury foreperson. State v. Hawkins, 16-0458 (La. App. 4 Cir. 5/17/17),

219 So. 3d 1133; State v. Chambers, 16-0712 (La. App. 4 Cir. 2/15/17), 212

So. 3d 643.

Moreover, “the failure of a defendant to object to alleged deficiencies

in an indictment and the failure of a defendant to file a motion to quash the

indictment on that basis waives those errors.” Hawkins, supra. Here,

defendant did not lodge any objections on the basis of a deficient indictment,
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nor did he file a motion to quash the indictment. The record further reflects

the trial court read the bill of indictment during the defendant’s arraignment.

Accordingly, the absence in the record of the signed indictment is harmless

in these circumstances.

The record further indicates the trial court did not advise Smith of the

prescriptive period for seeking post-conviction relief, as required by La. C.

Cr. P. art. 930.8(C). Therefore, we advise Smith, by way of this opinion,

that no application for post-conviction relief shall be considered if it is filed

more than two years after the judgment of conviction and sentence has

become final under La. C. Cr. P. arts. 914 or 922. State v. Kelly, 52,731 (La.

App. 2 Cir. 6/26/19), 277 So. 3d 855, writ denied, 19-01875 (La. 6/3/20),

296 So. 3d 1071.

CONCLUSION

For the foregoing reasons, the conviction and sentence of Ja’Kaylin

Richard Smith are affirmed.

AFFIRMED.

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