State of Louisiana v. Joshua David Evans

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

KA 18-278

STATE OF LOUISIANA

VERSUS

JOSHUA DAVID EVANS

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APPEAL FROM THE
SIXTEENTH JUDICIAL DISTRICT COURT
PARISH OF IBERIA, NO. 16-CR 000980
HONORABLE KEITH RAYNE JULES COMEAUX, DISTRICT JUDGE

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BILLY HOWARD EZELL
JUDGE

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Court composed of Sylvia R. Cooks, Billy Howard Ezell, and Phyllis M. Keaty,
Judges.

CONVICTION AND SENTENCE VACATED;
REMANDED FOR NEW TRIAL.

Annette Fuller Roach
Louisiana Appellate Project
P. O. Box 1747
Lake Charles, LA 70602-1747
(337) 436-2900
COUNSEL FOR DEFENDANT/APPELLANT:
Joshua David Evans

M. Bofill Duhe
District Attorney, Sixteenth Judicial District Court
W. Claire Howington
Craig Colwart
Assistant District Attorneys, Sixteenth Judicial District Court
300 Iberia St., #200
New Iberia, LA 70560
(337) 369-4420
COUNSEL FOR APPELLEE:
State of Louisiana

EZELL, Judge.

On August 9, 2017, a jury heard evidence against Defendant, Joshua David

Evans, and returned verdicts of guilty for illegal use of weapons and attempted

second degree murder.

On December 1, 2017, the district court denied Defendant’s motion for new

trial. On December 5, the court sentenced him to twenty years at hard labor for

attempted second degree murder and two years at hard labor for illegal use of a

weapon. Subsequently, the State filed a bill of information charging Defendant as

a habitual offender. On July 13, 2018, the district court conducted a hearing and

adjudicated him as a second habitual offender. On the same date, the court vacated

Defendant’s twenty-year sentence for attempted second degree murder and

sentenced him to eighteen years at hard labor for the habitual offender

adjudication, pursuant to a sentencing agreement. The court further ordered that

the sentence run concurrently with the two-year sentence imposed for illegal use of

a weapon and concurrently with an unrelated conviction.

Defendant sought review by this court, which affirmed his convictions and

sentences. State v. Evans, 18-278 (La.App. 3 Cir. 5/22/19) (unpublished opinion).

One of Defendant’s assignments of error argued that trial counsel was ineffective

for failing to object to the non-unanimous (10-2) verdicts. This court rejected the

argument, noting that Louisiana’s constitutional amendment requiring unanimous

verdicts had not taken effect at the time of Defendant’s trial.

Defendant sought review by the supreme court, which remanded the case to

this court for review in light of Ramos v. Louisiana, __ U.S. __, 140 S.Ct. 1390

(2020), which recently held that unanimous verdicts are required by the federal

Constitution. We find the merits of the issue must be reviewed, as the supreme

court ruled that even if it was not preserved for review, the issue must be

considered as an error patent. State v. Evans, 19-1013 (La. 6/3/20), 296 So.3d

1025.

Although the concurring justices did not join in all parts of the Ramos

majority opinion, the Supreme Court unambiguously determined that non-

unanimous verdicts are not permissible under the Sixth Amendment to the

Constitution and said prohibition applies to the states through the Fourteenth

Amendment. Ramos, 140 S.Ct. at 1390, 1408; see also concurrences by Sotomayor,

Kavanaugh, and Thomas, JJ.

The verdicts in this case were not unanimous, as required by Ramos v.

Louisiana, __ U.S. __, 140 S.Ct. 1390 (2020). Therefore, the convictions, habitual

offender adjudication, and sentences are hereby vacated, and the matter is

remanded for a new trial.

CONVICTION AND SENTENCE VACATED; REMANDED FOR
NEW TRIAL.

This opinion is NOT DESIGNATED FOR PUBLICATION.
Uniform Rules−Courts of Appeal, Rule 2−16.3.

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