La. Stat. Ann. § 14:30.1

Section 14:30.1(1) was validly enacted during the 1973 fiscal session because the session was extended by a three-fourths vote and the statute then received a majority vote for final passage.

State v. Reado · filed 1974-05-23(1)

Our decision in the instant case is that Act 111 of 1973 (La.R.S. 14:30.1(1)) is free of any constitutional infirmity although it did not receive a three-fourths vote on final passage. The procedure followed for its enactment was in full conformity with Article III, Sections 8 and 24, of the Constitution. It received a three-fourths vote to extend the session and a majority vote for final passage.

Section 14:30.1 is constitutionally valid because it was enacted by a majority vote after the legislature properly extended the fiscal session to non-fiscal matters by a three-fourths vote.

State v. Wright · filed 1976-05-17

Defendant’s reliance upon Sullins is misplaced. In State v. Reado, 295 So.2d 440 (La.1974), we held that La.R.S. 14:30.1 was properly enacted into law in accordance with article 3, sections 8 and 24 of the 1921 Constitution. We stated in Reado that the 1921 Constitution, while it required a three-fourths vote of each house to extend a fiscal session to the consideration of non-fiscal matters, required only a majority vote for final passage of legislation. The 1973 legislative session extended the fiscal session to the consideration of non-fiscal matters by a three-fourths vote, and Act III received a majority vote in both houses. We therefore held in Reado that La.R.S. 14:30.1 was free of any constitutional infirmity.

Section 14:30.1's authorization of life imprisonment at hard labor without parole, probation, or suspension of sentence does not violate equal protection merely because first-degree murder can carry the same penalty.

Parker v. Cain · filed 2006-08-09

Petitioner’s next claim is that his right to equal protection was violated because life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence is a possible penalty for both second degree murder under La.Rev. Stat.Ann. § 14:30.1 and first degree murder under La.Rev.Stat.Ann. § 14:30. Petitioner’s equal protection argument simply makes no sense. The fact that the same penalty is a possibility under two different statutes in no way violates the Equal Protection Clause. Petitioner cites to no authority which holds otherwise, and this Court is aware of none.

Section 14:30.1's mandatory life sentence for second-degree murder does not violate the federal Constitution or the state constitutional prohibition against cruel and unusual punishment.

State v. Brooks · filed 1977-10-10

We find no merit in defendant's contention that the mandatory penalty prescribed by La.R.S. 14:30.1 violates the federal constitution. Nor are we persuaded that defendant's due process rights under our state constitution have been infringed. Furthermore, we note that this court has specifically upheld the penalty mandated in our second degree murder statute as not constituting cruel and unusual punishment. State v. Anderson, 315 So.2d 266 (La.1975).

Section 14:30.1(B)'s mandatory life sentence is presumed constitutional, and a defendant must rebut that presumption to obtain relief as an excessive sentence.

State v. Jenkins · filed 2000-03-15(B)

When a trial judge determines a sentence from a carefully tailored penalty statute, such as La. R.S. 14:30.1(B), there is a strong presumption that the sentence is within constitutional parameters. Appellant has not succeeded in proving and the record does not clearly show that under the facts of this case the trial judge abused his sentencing discretion. ... In the present case, Louis Jenkins has not proven that the trial judge abused his discretion in imposing the mandatory life sentence. He has also not rebutted the presumption that the sentence is unconstitutionally excessive under the facts of this case. This assignment of error is without merit.

Section 14:30.1 mandates a life sentence for a person convicted of second-degree murder.

State of Louisiana v. Dawn R. Hargrave · filed 2006-03-01

Defendant argues that her life sentence was excessive, despite the fact that it is statutorily mandated for second degree murder, pursuant to La.R.S. 14:30.1. ... Therefore, the sentence does not “shock the conscience,” and fits both the offender and the offense.

Subsection (B) requires a mandatory life sentence without benefits for second degree murder, and that sentence is not unconstitutionally excessive.

State v. Brown · filed 2007-08-29(B)

Second degree murder requires a harsh mandatory sentence, but this is a harsh crime. La. R.S. 14:30.1(B). The argument that the mandatory life sentence for second degree murder is a violation of the prohibition against excessive punishment in the Louisiana Constitution has been repeatedly rejected. State v. Parker, 416 So.2d 545 (La.1982); State v. Roberson, 40,809 (La.App.2d Cir.4/19/06), 929 So.2d 789.

Subsection (B) requires a second-degree-murder conviction to carry life imprisonment at hard labor without parole, probation, or suspension of sentence, subject to constitutional excessiveness review.

State v. Garner · filed 2010-08-18(B)

In addressing the mandatory sentence imposed by La. R.S. 14:30.1, this court has held that it is the legislature’s prerogative to determine the length of the sentence imposed for crimes classified as felonies, and the courts are charged with applying these punishments unless they are found to be unconstitutional. ... The claim that the mandatory life sentence for second degree murder is a violation of the prohibition against excessive punishment in the Louisiana Constitution has been repeatedly rejected. ... To rebut the presumption that the mandatory minimum sentence of La. R.S. 14:30.1 is constitutional, Garner must clearly and convincingly show that because of unusual circumstances this defendant is a victim of the legislature’s failure to assign sentences that are meaningfully tailored to the culpability of the offender, the gravity of the offense, and the circumstances of the case. ... Here, the jury found that Garner shot Chatman at the direction of his girlfriend after the two women squabbled over a vehicle. Thus, without provocation, he shot an unarmed victim three times. Garner’s impetuous actions demonstrate a callous disregard for human life. In these circumstances, Garner has failed to show clearly and convincingly that the imposed sentence is not meaningfully tailored to his culpability. Thus, assignment therefore has no merit.

Subsection (B) mandates life imprisonment without parole, probation, or suspension of sentence for second-degree murder, while permitting constitutional-excessiveness review when unusual circumstances show the sentence is not meaningfully tailored.

State v. Vedol · filed 2013-03-13(B)

Defendant’s life sentence is mandatory under La. R.S. 14:30.1(B). It is presumed that a mandatory minimum sentence is constitutional. ... Nevertheless, even though defendant received the mandatory minimum sentence, that sentence may still be reviewed for constitutional excessiveness. ... To rebut the presumption of constitutionality, the defendant must show that: “[he] is exceptional, which in this context means that because of unusual circumstances this defendant is a victim of the legislature’s failure to assign sentences that are meaningfully tailored to the culpability of the offender, the gravity of the offense and the circumstances.”

Subsection (B) requires a person convicted of second degree murder to serve life imprisonment without parole, probation, or suspension of sentence.

State of Louisiana v. Joseph Anton Chehardy, Jr. · filed 2013-05-01(B)

Regarding the life sentence imposed on the conviction for second degree murder, the conviction mandates a punishment of life imprisonment without the benefit of parole, probation, or suspension of sentence. La.R.S. 14:30.1(B). ... In this case, Defendant makes no showing that he is exceptional and, therefore, entitled to a downward departure from the mandatory minimum sentence. The sentence is not illegal, grossly disproportionate to the severity of the offense, nor shocking to the sense of justice. This assignment of error is, therefore, without merit.

Section 14:30.1(B) mandates a life sentence at hard labor without benefit of probation, parole, or suspension for second degree murder, subject to review for unconstitutional excessiveness.

State v. Bonilla · filed 2016-02-24(B)

First; we note that defendant’s life sentence is mandatory under La. R.S. 14:30.1(B).

Section 14:30.1(B) requires a person convicted of second degree murder to receive life imprisonment at hard labor without parole, probation, or suspension of sentence.

State v. Farris · filed 2016-12-14(B)

The mandatory sentence for second degree murder is punishment by life imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence. La. R.S. 14:30.1(B). The argument that the mandatory life sentence for second degree murder is a violation of the prohibition against excessive punishment in the Louisiana Constitution has been repeatedly rejected.

Subsection (B) requires a mandatory life sentence at hard labor for second degree murder.

State v. Magee · filed 2018-02-27(B)

Furthermore, the trial court lacked sentencing discretion in this case. The defendant received a mandatory sentence of life imprisonment at hard labor. See La. R.S. 14:30.1(B).

Section 14:30.1 mandates life imprisonment at hard labor without benefit of parole, probation, or suspension for second-degree murder.

State v. Francois · filed 2018-03-14

The penalty for second degree murder is life imprisonment at hard labor, without benefit of parole, probation, or suspension of sentence. La. R.S. 14.30.1. ... Defendant fails to show by clear and convincing evidence that his particular circumstances are an exception to the constitutional application of the mandatory sentence. ... Accordingly, considering the totality of the facts and circumstances of this case, the record does not support the conclusion that the sentence makes no measurable contribution to acceptable goals of punishment.

Subsection (B) requires a person convicted of second degree murder to receive life imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence.

State of Louisiana v. Rotrick Deon Ivory · filed 2023-01-11(B)

The mandatory sentence for second degree murder is punishment by life imprisonment at hard labor without the benefit of parole, probation or suspension of sentence. La. R.S. 14:30.1(B). Louisiana appellate courts have repeatedly rejected the argument that the mandatory life sentence for second degree murder is a violation of the prohibition against excessive punishment in the Louisiana Constitution. ... The mandatory sentence of life imprisonment for a conviction of second degree murder is presumed to be constitutional, and Defendant failed to demonstrate that he is an “exceptional” defendant for whom a downward departure from the statutory minimum sentence is required.

Subsection (B) requires a person convicted of second degree murder to receive life imprisonment at hard labor without probation, parole, or suspension of sentence, subject to an exceptional-circumstances downward departure.

State of Louisiana v. Howard · filed 2026-01-08(B)

In Louisiana, offenders convicted of second degree murder “shall be punished by life imprisonment at hard labor without benefit of probation, parole or suspension of sentence.” La. R.S. 14:30.1(B). The life sentence imposed for second degree murder under this statute is mandatory. As such, the district court lacked any discretion to deviate below the mandatory minimum unless, under exceptional circumstances, Defendant is entitled to a downward departure.

A defendant charged with second degree murder is entitled, upon request, to a jury instruction on its mandatory life sentence.

State v. Peddy · filed 1990-11-07

Because the defendant was entitled to have *1038the jurors informed of the penalty provision, and the trial court refused to do so, defendant’s conviction must be overturned.

Section 14:30.1(B) mandates life imprisonment at hard labor without parole, probation, or suspension of sentence for second degree murder; a defendant seeking a departure must show exceptional circumstances.

State of Louisiana v. Sizemore · filed 2013-12-18(B)

The sentence for second degree murder is life imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence. ... Having offered no evidence that he is exceptional for the purposes of sentencing, we find no merit to his excessive sentence claim with regard to his conviction for second degree murder.

Section 14:30.1(1) does not make it murder to cause an unborn child to be born dead, because the statute's reference to a human being covers only a person born alive and existing independently of the mother.

State v. Gyles · filed 1975-05-29(1)

We reiterate that the narrow question before us is whether the crime of "murder," as defined by the Louisiana legislature, also proscribes conduct which causes an unborn child to be born dead. In accord with the uniform and undisputed authority, we hold that, until the legislature provides otherwise, the crime of "murder" enacted by our legislature does not proscribe such conduct.

Section 14:30.1 requires a second-degree-murder sentence to deny parole, probation, and suspension of sentence for the specified statutory period.

State v. Sneed · filed 1975-06-23

A condition of the defendant's sentence is that, in accordance with La.R.S. 14:30.1, he is not eligible "for parole, probation, or suspension of sentence" for a specified period. Tr. 27. Despite the complaint in brief, the sentence is not subject to amendment as infringing on the executive's right to pardon, as was the sentence in State v. Spotville, 308 So.2d 763 (1975).

Section 14:30.1(1) does not require the state to prove a motive for second-degree murder; it requires proof that the accused had the specific intent to commit the crime.

State v. Johnson · filed 1975-12-08(1)

"Motive" is not an element of second degree murder as defined in La.R.S. 14:30.1(1). The state is not obligated to prove that the accused had a cause or reason to commit the crime of second degree murder; it is required to prove that the accused had the "specific intent"[3] to commit the crime.

Section 14:30.1's various statutory ways of committing second-degree murder need not all be set out in the jury charge when the defendant is charged using the specific indictment form; the charge should include the statute's full text.

State v. Progue · filed 1977-10-10

Defendant was charged under the specific indictment form for attempted second degree murder listed in La.Code Crim.P. art. 465; therefore, it was unnecessary to set forth the various ways in which the crime could be committed under the statute. The general charge properly included the full text of the crime of second degree murder as set forth in La.R.S. 14:30.1.

Section 14:30.1's specific-intent second-degree murder offense is a lesser and included offense of first-degree murder when the applicable definitions make all of its elements part of the first-degree offense.

State v. Davis · filed 1980-05-19

Under the applicable definitions above, first degree murder includes all the elements (killing with specific intent) of the first type of second degree murder. The amending of the indictment to charge the lesser offense of second degree murder did not prejudice the defendant's constitutional right to have the prosecution for that crime instituted by a grand jury. When the grand jury considered the evidence relevant to the elements of first degree murder and decided to indict defendant with that crime, it necessarily considered the evidence relevant to all the essential elements of specific intent second degree murder.

Section 14:30.1 defines second degree murder to include a killing during the perpetration or attempted perpetration of listed felonies, even without intent to kill or inflict great bodily harm.

State v. Stewart · filed 1981-06-22

Through the combined charge of armed robbery and attempted second degree murder in the bill of information, the defendant was fully notified of every element of the crime of second degree murder, thus, his due process right to be informed of the charges against him was not violated.

Section 14:30.1 defines second-degree murder as a homicide committed during the perpetration or attempted perpetration of an enumerated felony, even without specific intent to kill; its wording permits an attempted second-degree murder charge.

State Ex Rel. Elaire v. Blackburn · filed 1982-11-29

La. R.S. 14:30.1 defined (and still defines) second degree murder as a homicide committed in the course of an enumerated felony, "even though" the offender had no specific intent to kill. Therefore, it is reasonable to assume that use of the words "even though" (rather than "when") signified a legislative intent for the statute to apply when the homicide was either intentional or nonintentional.

Section 14:30.1(1) defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State v. Noble · filed 1983-01-10(1)

Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La.R.S. 14:30.1(1). Specific criminal intent is that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act. La.R.S. 14:10(1). Although intent is a question of fact, it need not be proven as a fact, it may be inferred from the circumstances of the transaction. La. R.S. 15:445.

Section 14:30.1 defines second-degree murder as the killing of a human being with specific intent to kill or inflict great bodily harm.

State v. Thomas · filed 1983-02-23

Second degree murder is the killing of a human being "[w]hen the offender has a specific intent to kill or to inflict great bodily harm." La. R.S. 14:30.1. Moreover, second degree murder is a legislatively authorized responsive verdict to first degree murder. La.Code Crim.P. art. 814(A)(1). We consider that in the instant case all the elements of the lesser and included offense of second degree murder have been proved beyond a reasonable doubt.

Section 14:30.1 requires a person convicted of second-degree murder to receive life imprisonment at hard labor without benefit of probation, parole, or suspension.

State v. Trevathan · filed 1983-05-17

Defendant received the mandatory sentence under La. R.S. 14:30.1, life imprisonment at hard labor, without benefit of probation, parole, or suspension. ... The sentence meted out to defendant, i.e., life imprisonment without benefit of probation, suspension, or parole, is statutorily mandated and has been held not to constitute cruel and unusual punishment, State v. Graham, 422 So.2d 123 (La.1982), State v. Parker, 416 So.2d 545 (La.1982).

Section 14:30.1(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State v. MacK · filed 1983-06-28(1)

The elements of the offense the state must prove are: (1) a killing of a human being occurred; (2) the defendant did the killing; and (3) the defendant had a specific intent to kill or inflict great bodily harm.

Section 14:30.1 defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm, or while perpetrating or attempting specified felonies, including robbery.

State v. Wilkerson · filed 1984-03-26

The defendant was tried for second degree murder. La.R.S. 14:30.1 provides: ... Second degree murder is the killing of a human being: ... (1) When the offender has a specific intent to kill or to inflict great bodily harm; or (2) When the offender is engaged in the perpetration or attempted perpetration of aggravated rape, aggravated arson, aggravated burglary, aggravated kidnapping, aggravated escape, armed robbery, or simply robbery, even though he has no intent to kill or to inflict great bodily harm. ... Applying this sufficiency evaluation to the evidence in the instant case, we conclude that any rational trier of fact could have found the essential elements of the crime of second degree murder proved beyond a reasonable doubt.

Section 14:30.1(1) requires proof of a killing and specific intent to kill or inflict great bodily harm; when self-defense is raised, the State must also prove that the defendant did not act in self-defense, but it need not prove the absence of provocation.

State v. Willis · filed 1984-11-07(1)

Defendant herein was charged with second degree murder, a violation of La.R.S. 14:30.1: “Second degree murder is the killing of a human being: “(1) When the offender has a specific intent to kill or to inflict great bodily harm; ...” Thus, the State was required to prove beyond a reasonable doubt that Willis killed Stewart, and that he specifically intended to kill or do great bodily harm to Stewart. As the defendant raised the issue of self-defense the State was also required to prove that the defendant did not act in self-defense.

Section 14:30.1 treats a killing as second-degree murder when it occurs while the offender is engaged in the perpetration or attempted perpetration of an enumerated felony, including aggravated kidnapping.

State v. James · filed 1984-11-20

Review of the record indicates that there was sufficient evidence from which the jury could have concluded that defendant was engaged in the perpetration or attempted perpetration of aggravated kidnapping at the time Theresa Caswell was shot and killed.

Section 14:30.1(1) defines second-degree murder as killing a human being with a specific intent to kill or inflict great bodily harm.

State v. Stewart · filed 1984-11-26(1)

La.R.S. 14:30.1(1) defines second degree murder as "the killing of a human being ... [w]hen the offender has a specific intent to kill or inflict great bodily harm." This finding was essential to a conviction of first degree murder and necessarily was made in this case by the jury in reaching its verdict. The record clearly supports that finding and a conviction of second degree murder.

Section 14:30.1 defines second-degree murder as killing a human being with the specific intent to kill or inflict great bodily harm, and that intent may be inferred from the circumstances and the defendant's actions.

State v. Arnold · filed 1985-03-06

Second degree murder is the killing of a human being where the offender has the specific intent to kill or inflict great bodily harm. La.R.S. 14:30.1. Since specific criminal intent is a state of mind, it need not be proved as a fact but may be inferred from the circumstances of the case and actions of the defendant. State v. Kahey, 436 So.2d 475 (La.1983). La.R.S. 15:445. From the record it appears that the state presented sufficient evidence to convince any rational trier of fact that every element of the crime of second-degree murder was proved beyond a reasonable doubt.

Section 14:30.1(1) defines second degree murder to include killing a human being with specific intent to kill or inflict great bodily harm.

State v. Segura · filed 1985-03-06(1)

The defendant was charged with second degree murder, a violation of La.R.S. 14:30.1. "Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm;..." Thus the State was required to prove (1) that Jack Segura did in fact kill Todd Broussard; (2) that Segura acted with the specific intent to kill Broussard or to inflict great bodily harm upon him; and (3) that defendant did not act in self-defense.

Section 14:30.1 defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm, or during specified felonies, and prescribes life imprisonment without parole, probation, or suspension.

State v. Collier · filed 1985-08-12

La.R.S. 14:30.1 defines second degree murder as follows: "Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm; or (2) When the offender is engaged in the perpetration or attempted perpetration of aggravated rape, aggravated arson, aggravated burglary, aggravated kidnapping, aggravated escape, armed robbery, or simple robbery, even though he has no intent to kill or to inflict great bodily harm. "Whoever commits the crime of second degree murder shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence."

Section 14:30.1(1) requires proof that the defendant killed a human being with specific intent to kill or inflict great bodily harm.

State v. Brunner · filed 1985-10-08(1)

The elements of second degree murder pertinent to this case are set forth as the killing of a human being when the offender has a specific intent to kill or inflict great bodily harm. ... After viewing the evidence in the light most favorable to the prosecution, we find any rational trier of fact could have found beyond a reasonable doubt the essential elements for the crime of second degree murder.

Section 14:30.1 makes the penalty for second-degree murder a mandatory term of life imprisonment without benefit of parole, probation, or suspension of sentence.

State of Louisiana v. McLendon · filed 2023-11-22

The penalty for second degree murder is a mandatory term of life imprisonment without benefit of parole, probation, or suspension of sentence.

Section 14:30.1 makes life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence mandatory for a second-degree murder conviction.

State of Louisiana v. Reaux · filed 2024-03-14

For a conviction of second degree murder, the sentence of life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence is mandatory. La. R.S. 14:30.1.

Section 14:30.1(B) mandates life imprisonment at hard labor without parole, probation, or suspension of sentence for second degree murder, and a downward departure requires a clear and convincing showing that the defendant is exceptional.

State of Louisiana v. Traveon R. Cannon · filed 2024-10-02(B)

The mandatory sentence for second degree murder is punishment by life imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence. La. R.S. 14:30.1(B). Louisiana appellate courts have repeatedly rejected the argument that the mandatory life sentence for second degree murder is a violation of the prohibition against excessive punishment in the Louisiana Constitution.

Section 14:30.1's mandatory life sentence for second-degree murder, as applied to this juvenile defendant with parole eligibility after twenty-five years, was not constitutionally excessive.

State of Louisiana v. Honore · filed 2025-05-21

The Louisiana Supreme Court has long held that the mandatory life sentence for second degree murder is not unconstitutionally excessive. See State v. Parker, 416 So.2d 545, 552 (La. 1982); State v. Cofer, 2016-871 (La. App. 3 Cir. 4/15/17), 216 So.3d 313. ... In the instant case, the record supports Appellant’s sentence of life imprisonment with the possibility of parole after twenty-five years. ... Accordingly, the record does not reflect that the trial court abused its broad discretion when failing to depart from the sentence prescribed by law.

Section 14:30.1(B) requires a second-degree-murder sentence to be imposed without the benefit of parole, probation, or suspension of sentence.

State of Louisiana Versus Viusqui J. Perez-Espinosa · filed 2025-09-24(B)

Neither the transcript, the sentencing minute entry, nor the uniform commitment order (“UCO”) reflects that the sentence was imposed with a restriction of benefits as required by La. R.S. 14:30.1(B). These restrictions are self-activating and require no corrective action, according to La. R.S. 15:301.1. Nevertheless, to ensure the accuracy of the record, we remand the matter for correction of the sentencing minute entry and UCO to show that the defendant’s sentence be without the benefit of parole, probation, or suspension of sentence.

Subsection (B) requires a person convicted of second-degree murder to serve life imprisonment at hard labor without parole, probation, or suspension of sentence.

State of Louisiana v. Cockerhem · filed 2026-02-25(B)

The mandatory sentence for second degree murder is punishment by life imprisonment at hard labor without the benefit of parole, probation or suspension of sentence. La. R.S. 14:30.1(B). Louisiana appellate courts have repeatedly rejected the argument that the mandatory life sentence for second degree murder is a violation of the prohibition against excessive punishment in the Louisiana Constitution.

Subsection (B) requires a mandatory sentence of life imprisonment at hard labor without parole, probation, or suspension of sentence for second degree murder.

State of Louisiana v. Green · filed 2026-04-08(B)

The mandatory sentence for second degree murder is punishment by life imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence. La. R.S. 14:30.1(B).

Subsection (B) requires a person convicted of second degree murder to receive life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

State v. Kight · filed 2019-06-05(B)

Under La.R.S. 14:30.1, second degree murder has only one possible constitutional sentence-mandatory life imprisonment without the benefit of probation, parole, or suspension of sentence. ... However, because Defendant herein was sentenced pursuant to La.R.S. 14:30.1 which requires a mandatory sentence of life imprisonment at hard labor, Defendant's sentence is determinate and the failure to state such is harmless error.

Section 14:30.1(B) mandates life imprisonment at hard labor without parole, probation, or suspension of sentence for second-degree murder, and the mandatory sentence is not constitutionally excessive on this record.

State of Louisiana v. Coward · filed 2020-05-20(B)

Defendant was convicted of second degree murder, which carries a mandatory penalty of life imprisonment. La.R.S. 14:30.1(B). ... The supreme court and this court have previously held the mandatory life sentence for second degree murder is not unconstitutionally excessive. ... In light of the facts of the offense and the above-cited cases, we find the trial court did not abuse its discretion when imposing the maximum sentence. Thus, Defendant’s sentence is not excessive.

Section 14:30.1(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State v. Quinn · filed 1985-11-19(1)

Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. ... The foregoing circumstances and the inferences arising therefrom are sufficient to support the conclusions that, beyond a reasonable doubt, the defendant possessed the specific intent to kill or inflict great bodily harm required for second degree murder, did not act in self-defense and did not act in heat of passion.

Section 14:30.1 requires proof that a human being was killed and that the offender specifically intended to kill or inflict great bodily harm.

State v. Lambertus · filed 1986-01-15

In a second degree murder prosecution the state must prove there was a killing of a human being and the offender had a specific intent to kill or to inflict great bodily harm. R.S. 14:30.1.

Section 14:30.1(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State v. Rosiere · filed 1986-05-20(1)

Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La.R.S. 14:30.1(1).

Section 14:30.1(2) makes a killing second-degree murder when the offender is engaged in the perpetration or attempted perpetration of armed robbery, even without intent to kill or inflict great bodily harm.

State v. Farris · filed 1986-06-25(2)

La.R.S. 14:30.1 defines second degree murder as follows: "§ 30.1 Second degree murder "Second degree murder is the killing of a human being: ... "(2) When the offender is engaged in the perpetration or attempted perpetration of aggravated rape, aggravated arson, aggravated burglary, aggravated kidnapping, aggravated escape, armed robbery, or simple robbery, even though he has no intent to kill or to inflict great bodily harm." ... "A person who is a principal in an armed robbery is criminally responsible for any killing which results from its perpetration or attempted perpetration. See State v. Johnson, 365 So.2d 1267 (La.1978). ... "This evidence meets the Jackson standard of review."

Section 14:30.1 defines second-degree murder to include a killing committed with specific intent to kill or inflict great bodily harm.

State v. Chevalier · filed 1984-09-26

La.R.S. 14:30.1 defines second degree murder, in pertinent part, as: "the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm." ... Thus, we cannot question the credibility of Marshall's testimony that the defendant shouted his intention to kill Caliste, and viewing that direct evidence of specific intent in a light most favorable to the prosecution, any rational juror could have found that, beyond a reasonable doubt, the defendant had formed the requisite intent to commit second degree murder.

Section 14:30.1(1) defines second degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.

State v. Kennington · filed 1987-10-14(1)

Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La.R.S. 14:30.1(1).

Section 14:30.1(2) treats a killing committed during the perpetration or attempted perpetration of armed robbery, first degree robbery, or simple robbery as second degree murder even without an intent to kill or inflict great bodily harm.

State v. Laird · filed 1989-09-01(2)

Second degree murder is the killing of a human being "when the offender is engaged in the perpetration or attempted perpetration of ... armed robbery, first degree robbery, or simple robbery, even though he has no intent to kill or to inflict great bodily harm." LSA-R.S. 14:30.1(2).

Section 14:30.1(A)(1) covers killings committed with specific intent to kill or inflict great bodily harm, which may be inferred from circumstances and conduct, and subsection (B) mandates life imprisonment without parole, probation, or suspension.

State v. Rose · filed 1992-09-23(A)(1), (B)

La.R.S. 14:30.1 A(1) provides that second degree murder is the killing of a human being when the offender has a specific intent to kill or inflict great bodily harm. Specific intent is a state of mind and need not be proved as a fact; it may be inferred from the circumstances of the transaction and the actions of the defendant. ... The penalty for second degree murder is a mandatory sentence of life imprisonment at hard labor without benefit of parole, probation or suspension of sentence. R.S. 14:30.1 B. The trial court exercises none of the wide sentencing discretion available in other cases. Instead, the Legislature has prescribed the penalty for this crime. It would be a useless act for the judge to articulate reasons for imposing sentence when he has no choice but to impose a statutorily-mandated maximum penalty. He does not abuse his discretion by declining to do so.

Section 14:30.1(A)(1) defines second degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.

State v. Williams · filed 1996-04-10(A)(1)

La.R.S. 14:30.1(A)(1) defines second degree murder as the killing of a human being when the offender has the specific intent to kill or inflict great bodily harm. While there was no eyewitness to the shooting, the defendant himself admitted he handled the gun. Only the defendant and the victim were in the bedroom at the time of the shooting. The coroner testified that the victim died of a single gunshot wound to the head. Dr. Newman, the coroner, and Officer Leary, an expert in firearms examination, stated that the stippling marks on the victim's head revealed that the gun was held approximately two and one-half feet to three and one-half feet from the defendant. The defendant's son, Milton, Jr., testified that his father admitted to shooting his mother, but claimed it was an accident. The defendant told Milton that he was turning the gun when it discharged and struck the victim. Milton, Jr. discounted the defendant's story, stating that the shooting was not an accident. The gun was not cocked when he had seen the gun earlier. The defendant had to cock the gun. Officer Leary's testimony that the weapon could not be discharged accidently because the gun has an internal hammer block supports Milton, Jr.'s statement. The only way to discharge the weapon is to pull the trigger.

Section 14:30.1(A)(1) defines second-degree murder to include killing a human being when the offender has the specific intent to kill or inflict great bodily harm.

State v. Caldwell · filed 1996-08-21(A)(1)

Second degree murder, as applicable to these facts, is defined as the killing of a human being when the offender has the specific intent to kill or to inflict great bodily harm or when the offender is engaged in the perpetration or attempted perpetration of armed robbery, even though he has no intent to kill or cause great bodily harm. La.R.S. 14:30.1(A)(1) & (2).

Section 14:30.1(A)(1) covers killings with specific intent, while § 14:30.1(A)(2) covers killings during armed robbery or aggravated burglary even without intent to kill or inflict great bodily harm.

State v. Walker · filed 1996-10-04(A)(1), (A)(2)

Second degree murder, as it pertains to this case, is defined as the killing of a human being (1) when the offender has a specific intent to kill or to inflict great bodily harm, or (2) when the offender is engaged in the perpetration or attempted perpetration of armed robbery or aggravated burglary, even though he has no intent to kill or cause great bodily harm. ... Because we find sufficient evidence to support the conviction on either felony murder theory, we pretermit discussion of the specific intent to kill or inflict great bodily harm.

Section 14:30.1 defines second-degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.

State v. Smith · filed 1996-03-27

Second degree murder is the killing of a human being when the perpetrator has the specific intent to kill or to inflict great bodily harm. La. 14:30.1. Specific intent is the state of mind "when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act."

Section 14:30.1(B) requires a person convicted of second-degree murder to be sentenced to life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

State v. Hart · filed 1997-03-07(B)

La.R.S. 14:30.1, in pertinent part, defines second degree murder as the killing of a human being when the offender is engaged in the perpetration of an aggravated burglary. ... Accordingly, we remand this case to the trial court for entry of judgment of guilty of second degree murder and sentencing of defendant to life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence in accordance with La. R.S. 14:30.1(B).

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.

State v. Reeves · filed 1997-06-04(A)(1)

To obtain a conviction, the State must prove the elements of the crime charged beyond a reasonable doubt. Defendant was convicted of second degree murder, which is defined as the lulling of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La.R.S. 14:30.1(A)(1). ... After reviewing the trial transcript, we do not find proof of provocation sufficient to reduce defendant’s conviction from second degree murder to manslaughter. Although some evidence supports the conclusion that Davis was a homosexual and may have had designs on defendant, there is scant evidence to support a determination that homosexual advances by Davis provoked defendant to shoot him. Defendant’s conflicting accounts of why he shot the victim make it difficult to determine his true motivation for the act. This assignment of error lacks merit.

Section 14:30.1 mandates a life sentence for second-degree murder; because the court did not suspend the sentence, omission of the phrase “or suspension of sentence” did not require resentencing or correction of the record.

State v. Hampton · filed 1996-12-11

The omitted phrase is part of the mandatory sentencing language of La. R.S. 14:30.1. ... A correction of the record is unnecessary. The district court had the sole authority to suspend the sentence, but did not do so. La.Code Crim.P. art. 893. Therefore, there is no practical necessity for correction of the record.

Section 14:30.1 defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State v. Pardon · filed 1997-10-15

Second-degree murder is defined in La. R.S. 14:30.1 as the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm.

Section 14:30.1 defines second-degree murder to include a killing committed while the offender is perpetrating an aggravated burglary, even without specific intent to kill.

State v. Ortiz · filed 1997-10-21

La. R.S. 14:30.1 in pertinent part defines second degree murder as the killing of a human being when the offender is engaged in the perpetration of an aggravated burglary, even though there was no specific intent to kill.

Section 14:30.1(A)(1) defines second degree murder as killing a human being when the offender has the specific intent to kill or inflict great bodily harm.

State v. Tipton · filed 1997-12-29(A)(1)

The applicable definition of second degree murder in this case is the killing of a human being "[w]hen the offender has a specific intent to kill or to inflict great bodily harm[.]" La. R.S. 14:30.1(A)(1).

Section 14:30.1(A) defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State v. McHenry · filed 1998-04-09(A)

La. R.S. 14:30.1(A) provides that second degree murder is the killing of a human being when the offender has a specific intent to kill or inflict great bodily harm.

Section 14:30.1 defines second degree murder as the killing of a human being when the offender has a specific intent to kill or inflict great bodily harm.

State v. Butler · filed 1998-06-24

Second degree murder is defined by La. R.S. 14:30.1 as "[t]he killing of a human being ... when the offender has a specific intent to kill or inflict great bodily harm." State v. Allen, 94-1941 (La.App. 1st Cir. 11/9/95), 664 So.2d 1264, writ denied 95-2946 (La.3/15/96), 669 So.2d 433.

Section 14:30.1 defines second degree murder to include a killing committed during a drive-by shooting even without an intent to kill or inflict great bodily harm.

State v. Jordan · filed 1998-09-16

The trial court's jury instructions defining the possible verdicts were not erroneous as the instructions followed the definitions of the offenses provided in the statutes. ... Second degree murder is defined as "the killing of a human being ... [w]hen the offender has a specific intent to kill or to inflict great bodily harm; or ... [w]hen the offender is engaged in the perpetration or attempted perpetration of ... drive-by shooting ... even though he has no intent to kill or to inflict great bodily harm." La. R.S. 14:30.1.

Section 14:30.1 defines second-degree murder to include a killing committed during the perpetration or attempted perpetration of armed robbery even without an intent to kill or inflict great bodily harm.

State v. DeSilva · filed 1998-12-09

The defendant was charged with second degree murder and convicted of manslaughter. Second degree murder is defined in part by La. R.S. 14:30.1 as “the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm; or (2)(a) When the offender is engaged in the perpetration or the attempted perpetration of ... armed robbery ... even though he has no intent to kill or to inflict great bodily harm.” ... Therefore, we conclude that hsthe State presented sufficient evidence to support the initial charge of second degree murder, and thus under Elaire and Bowman, the evidence supports the lesser included verdict of manslaughter.

Section 14:30.1 treats a killing committed while the defendant is engaged in the perpetration or attempted perpetration of an armed robbery as second-degree murder, and the prosecution may establish liability by proving the defendant was an active participant as a principal.

State v. Ratcliff · filed 1999-02-23

In this case, defendant was convicted as a principal to the crime of second degree murder. Thus, in this case the state had to prove that the victim was killed while defendant was engaged in the perpetration or attempted perpetration of an armed robbery. ... Based on the entirety of the testimony and the evidence presented by the state a rational trier of fact could have found that defendant was an active participant to an attempted perpetration of an armed robbery at the time the victim was killed.

Section 14:30.1(B) mandates life imprisonment at hard labor without parole, probation, or suspension of sentence for a second-degree murder conviction.

State v. Richardson · filed 1999-03-03(B)

La. R.S. 14:30.1(B) provides that a defendant convicted of second degree murder "shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence." ... The trial court did not err by sentencing the defendant according to the statute. This assignment lacks merit.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State v. Armstrong · filed 1999-09-22(A)(1)

Second degree murder, pursuant to La. R.S. 14:30.1(A)(1), is defined as the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm.

Section 14:30.1 requires proof that the defendant's conduct was a proximate, contributing cause or substantial factor in the victim's death, but not that it was the sole proximate cause, and it mandates life imprisonment without benefits for a second-degree-murder conviction.

State v. Stone · filed 2000-05-15(A)(1)

The state is not required to show that the defendant’s conduct was the sole proximate cause of the victim’s death in order to satisfy the causation element of this offense. ... Sufficient proof is presented where it is shown that the defendant’s actions were a “contributing cause” or a “substantial factor” in the resulting death of the victim. ... Whether the terms “substantial factor” or “clearly contributing cause” are used, these standards are used interchangeably and therefore, the basic determination is whether the defendant’s act was a proximate cause of the victim’s death.

Section 14:30.1 makes second-degree murder punishable by mandatory life imprisonment at hard labor without parole, probation, or suspension of sentence.

State v. Clem · filed 2000-11-01

The defendant was convicted of second degree murder, a violation of La. *770 R.S. 14:30.1, which carries a mandatory sentence of life imprisonment at hard labor, without benefit of parole, probation, or suspension of sentence. ... The assertion that the mandatory life sentence for second degree murder is a violation of the prohibition against excessive punishment in the Louisiana Constitution has been repeatedly rejected. ... Further, failing to articulate reasons for sentence under La.C.Cr.P. art. 894.1 when imposing a mandatory life sentence is not error.

Section 14:30.1 defines second-degree murder as a killing committed with specific intent to kill or to inflict great bodily harm.

State v. Musgrove · filed 2000-12-15

Second degree murder is a killing that occurs when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1. The gravamen of the crime of attempted murder, whether first or second degree, is the specific intent to kill and the commission of an overt act tending toward the accomplishment of that goal.

Section 14:30.1 mandates a life sentence at hard labor without benefit of parole, probation, or suspension of sentence for second degree murder.

State v. Carter · filed 2001-02-21(B)

The defendant received a life sentence without benefits as mandated by La. R.S. 14:30.1(1). ... Similarly, in the case at bar, we find no indication that the trial court abused his discretion in imposing the mandated sentence under La. R.S. 14:30.1.

Section 14:30.1 defines second-degree murder to include a killing committed with specific intent or during the perpetration or attempted perpetration of armed or simple robbery, and it requires a mandatory life sentence for the offense.

State v. McNeal · filed 2001-04-04(1), (A), (B)

La. R.S. 14:30.1 provides, in pertinent part, that second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm; or (2)(a) When the offender is engaged in the perpetration or attempted perpetration of ... armed robbery, ... or simple robbery, even though he has no intent to kill or to inflict great bodily harm. The record shows that the evidence, viewed in the light most favorable to the prosecution, was sufficient to prove that Defendant committed the second degree murder of Mr. Smith under La. R.S. 14:30.1(1). Specific intent is defined as that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act. ... In any event, a finding of intent to kill or inflict great bodily harm is unnecessary when the human being is killed and the offender is engaged in the perpetration or attempted perpetration of armed robbery or simple robbery. La. R.S. 14:30.1(A). ... Consequently, the evidence in the record is sufficient to support Defendant's conviction of second degree murder, even without a showing of specific intent to kill or cause great bodily harm. This assignment of error, therefore, is without merit.

Section 14:30.1 defines second degree murder as killing a human being when the offender specifically intends to kill or inflict great bodily harm.

State v. Camese · filed 2001-07-11

Second degree murder is defined as the "killing of a human being ... [w]hen the offender has a specific intent to kill or to inflict great bodily harm." La. R.S. 14:30.1. Thus, a conviction for attempted second degree murder requires a showing that the defendant had the specific intent to kill and committed an act tending to accomplish that purpose.

Section 14:30.1 defines second-degree murder as a killing committed with specific intent to kill or inflict great bodily harm, or during the perpetration of an enumerated felony, and the court found the evidence sufficient under the specific-intent alternative.

State v. Johnson · filed 2001-12-07

Second degree murder is the killing of a human being when the offender has the specific intent to kill or inflict great bodily harm or when the offender is engaged in *361the perpetration of an enumerated felony. La. R.S. 14:30.1. ... The evidence supports the jury’s findings that the defendant knew that Powell intended to kill Coleman. ... Therefore, the evidence shows that the defendant had the specific intent to kill or inflict great bodily harm upon Coleman.

Subsection (B) makes a second-degree-murder conviction punishable by mandatory life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

State v. Bunley · filed 2001-12-12(B)

In this case, the defendant was convicted of second degree murder, a violation of La. R.S. 14:30.1, which carries a mandatory sentence of life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. ... When a trial judge determines a sentence from a carefully tailored penalty statute, such as La. R.S. 14:30.1(B), there is a strong presumption that the sentence is within constitutional parameters. ... Although the trial judge in this case did not articulate the basis for sentencing the defendant to life imprisonment, the record fully supports the sentence.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being when the offender has the specific intent to kill or inflict great bodily harm, and the court held the evidence proved those essential elements.

State v. Williams · filed 2001-12-28(A)(1)

Second degree murder is defined, in pertinent part, by La.R.S. 14:30.1 A(1) as "the killing of a human being ... `[w]hen the offender has a specific intent to kill or to inflict great bodily harm....'" ... When all of the evidence is viewed in the light most favorable to the state, we find any rational trier of fact could have concluded beyond a reasonable doubt, and to the exclusion of every reasonable hypothesis of innocence, that the state established each essential element of second degree murder and that defendant did not kill the victim in self-defense.

Section 14:30.1 defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm, and its mandatory life sentence is presumed constitutional absent a clear and convincing showing of exceptional circumstances.

State v. Robinson · filed 2002-04-17

Defendant was convicted of second degree murder, defined in pertinent part by La. R.S. 14:30.1 as the killing of a human being when the offender has a specific intent to kill or inflict great bodily harm. ... When a trial court imposes a sentence in accordance with a carefully tailored penalty statute, such as the statute applicable in the instant case, La. R.S. 14:30.1, there is a strong presumption that the sentence is constitutional. ... Defendant has failed to clearly and convincingly show that the mandatory life sentence for second degree murder provided by La. R.S. 14:30.1 was not meaningfully tailored to his culpability, the gravity of the offense and the circumstances of this case.

Section 14:30.1 defines second-degree murder as a killing committed with specific intent to kill or inflict great bodily harm and requires life imprisonment at hard labor without parole, probation, or suspension of sentence.

State v. Nash · filed 2002-06-14

Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1. ... The defendant was convicted of second degree murder, a violation of La. R.S. 14:30.1. This statute imposes a mandatory sentence of life imprisonment at hard labor, without benefit of parole, probation, or suspension of sentence. ... The argument that the mandatory life sentence for second degree murder is a violation of the prohibition against excessive punishment in the Louisiana Constitution has been repeatedly rejected.

Section 14:30.1 permits a second-degree-murder conviction either for specific intent to kill or inflict great bodily harm or for a killing during the perpetration or attempted perpetration of an enumerated crime, even without that specific intent.

State v. Debrow · filed 2002-02-27

Thus, to convict the defendant of second degree murder, the jury must have determined either that he had specific intent to kill or inflict great bodily harm or that he was engaged in the perpetration or attempted perpetration of one of the enumerated crimes, even though he had no specific intent to kill or inflict great bodily harm.

Section 14:30.1(B) requires a person convicted of second degree murder to receive life imprisonment at hard labor without benefit of probation, parole, or suspension of sentence.

State v. Paddio · filed 2002-12-11(B)

After the Defendant was convicted of second degree murder, the trial court imposed the mandatory sentence of life imprisonment at hard labor, without the benefit of probation, parole, or suspension of sentence as required by La.R.S. 14:30.1(B). ... A mandatory life sentence is not per se unconstitutional. ... Accordingly, the trial court did not err in denying Defendant's motion to reconsider sentence, and the sentence imposed upon the Defendant is not constitutionally excessive.

Section 14:30.1(A)(1) defines second-degree murder in part as killing a human being with specific intent to kill or inflict great bodily harm, and that intent may be inferred from the defendant's actions.

State v. Finch · filed 2003-07-23(A)(1)

La. R.S. 14:30.1(A)(1) defines second-degree murder in part as the killing of a human being when the offender has a specific intent to kill or inflict great *683bodily harm. ... The defendant’s intent to kill or inflict great bodily harm can be inferred from the defendant’s actions. ... The evidence was clearly sufficient to support the verdict.

Section 14:30.1 defines second-degree murder as the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm.

State v. Fields · filed 2004-06-23

Second-degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1.

Section 14:30.1 makes the sentence for second-degree murder mandatory life imprisonment at hard labor, without benefit of parole, probation, or suspension of sentence.

State v. Bonner · filed 2004-12-22

The defendant was convicted of second degree murder, a violation of La. R.S. 14:30.1. This statute imposes a mandatory sentence of life imprisonment at hard labor, without benefit of parole, probation, or suspension of sentence.

Section 14:30.1 includes a killing committed during the perpetration or attempted perpetration of an enumerated felony as second-degree murder even without specific intent to kill or inflict great bodily harm.

State v. Jenkins · filed 2005-03-17

This second degree murder conviction could have been proven in either of the following ways: 1. That Jenkins shot and killed the victim with specific intent to kill or to inflict great bodily harm; or *12792. That JenMns shot and killed the victim while engaged in the perpetration or attempted perpetration of any one of a list of enumerated felonies (including armed robbery, first degree robbery, and simple robbery3), even though there is no proof of the specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1.

Section 14:30.1(A)(1) supports a conviction for specific-intent second-degree murder as a responsive lesser-included offense to first-degree murder, and Subsection (B) requires life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

State v. Higgins · filed 2005-04-01(A)(1), (B)

Because we find that the evidence subjected to the Jackson standard supports a conviction for specific intent second degree murder as provided in La. R.S. 14:30.1(A)(1), which is responsive to a charge of first degree murder, we vacate the defendant's conviction for first degree murder and sentence of death. Since, as will be seen hereinafter, we find no other meritorious assignments of error, we modify the judgment of guilty of first degree murder, render a judgment of guilty of second degree murder, and remand the case to the district court for sentencing on the modified judgment as set forth in La. R.S. 14:30.1(B).

Subsection (B) requires a mandatory life sentence at hard labor without parole, probation, or suspension of sentence for second-degree murder, subject to a clearly and convincingly demonstrated exceptional case warranting downward departure.

State v. Gill · filed 2006-05-17(B)

Even if the defendant had preserved these arguments for appeal, where there is a constitutional mandatory sentence, there is no need for the trial court to justify, under Article 894.1, a sentence it is legally required to impose. In addition, to rebut the presumption that the mandatory sentence is constitutional, the defendant must clearly and convincingly show that because of unusual circumstances this defendant is a victim of the legislature's failure to assign sentences that are meaningfully tailored to the culpability of the offender, the gravity of the offense, and the circumstances of the case. In this case, the defendant has not sufficiently demonstrated he is the "exceptional" defendant for which downward departure from the statutory minimum sentence is required.

Section 14:30.1(A) defines second-degree murder to include a killing committed with specific intent to kill or inflict great bodily harm, or certain felony murders without that intent; the court held the evidence supported attempted second-degree murder where the defendant deliberately fired a gun at the victim from close range.

State v. Templet · filed 2006-08-16(A)(1), (A)(2)(a)

Louisiana Revised Statute 14:30.1(A) defines second degree murder, in pertinent part, as the killing of a human being: (1) when the offender has a specific intent to kill or to inflict great bodily harm; or (2)(a) is engaged in the perpetration or attempted perpetration of . . . aggravated burglary . . . armed robbery . . . even though the offender has no intent to kill or to inflict great bodily harm. ... Regardless of whether any of the shots fired by the defendant actually hit Byrd, it is well settled that "[a] specific intent to kill or inflict great bodily harm can be inferred from a shooting which occurs at a fairly close range." ... We are satisfied that the evidence presented, viewed in the light most favorable to the prosecution, proved beyond a reasonable doubt and to the exclusion of every reasonable hypothesis of innocence, all of the elements of attempted second degree murder and the defendant's identity as the perpetrator of that offense.

Subsection B requires a mandatory life sentence at hard labor, without benefit of parole, probation, or suspension of sentence, for second degree murder.

State v. LAVIOLETTE · filed 2006-09-26(B)

La. R.S. 14:30.1 B requires that a sentence for second degree murder must be served at hard labor. The commitment indicates Defendant was sentenced to life imprisonment at hard labor. We note that in the transcript of the sentencing, the trial judge expressly stated that the sentence was mandatory as prescribed by law, but neglected to state that the sentence was to be served at "hard labor." If there were some discretion allowed by the applicable sentencing statute, such that some confusion arose over how the sentence was to be served, the failure to indicate whether the sentence was to be served at "hard labor" would be an impermissible indeterminate sentence. However, here, since Defendant was sentenced pursuant to La. R.S. 14:30.1, which requires a mandatory sentence of life imprisonment at hard labor, without the benefit of parole, probation or suspension, the sentence is determinate. The failure by the trial judge to state that the sentence be served at hard labor, where the commitment accurately reflects the sentence to be served, is not an error requiring corrective action. State v. Norman, 05-794, (La.App. 5th Cir.3/14/06), 926 So.2d 657.

Section 14:30.1(1) defines second-degree murder as killing a human being when the offender has the specific intent to kill or inflict great bodily harm.

State v. Stringer · filed 2006-12-06(1)

The defendant was convicted of second degree murder, defined in pertinent part, by La.R.S. 14:30.1, which states that "[s]econd degree murder is the killing of a human being: (1)[w]hen the offender has a specific intent to kill or to inflict great bodily harm."

Section 14:30.1(A)(2) makes a killing second-degree murder when the offender is perpetrating or attempting one of the listed felonies, including assault by drive-by shooting, even without specific intent to kill or inflict great bodily harm.

State of Louisiana Versus Edwar Lopez AKA "Mantequilla" · filed 2024-08-21(A)(2)

Felony second degree murder is defined by La. R.S. 14:30.1(A)(2) as the killing of a human being when the offender is engaged in the perpetration or attempted perpetration of one of several enumerated felonies, including assault by drive-by shooting. One need not possess specific intent to kill or inflict great bodily harm to commit second degree felony murder. Rather, under the felony murder theory, the State need only prove the commission of the underlying felony or the attempt thereof. Id.

Section 14:30.1(A)(2) defines second-degree felony murder as killing a human being during the perpetration or attempted perpetration of armed robbery, even without an intent to kill or inflict great bodily harm.

State of Louisiana v. Fruge · filed 2025-04-11(A)(2)

Under the theory of felony murder, second degree murder is defined as “the killing of a human being… [w]hen the offender is engaged in the perpetration or attempted perpetration of … armed robbery… even though he has no intent to kill or inflict great bodily harm.” La. R.S. 14:30.1(A)(2).

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State v. Richards · filed 2007-05-02(A)(1)

Second degree murder is the killing of a human being when the offender has specific intent to kill or inflict great bodily harm. La.R.S. 14:30.1(A)(1).

Section 14:30.1 defines second-degree murder to include a homicide committed during the perpetration or attempted perpetration of a drive-by shooting, even without intent to kill or inflict great bodily harm.

State v. Ross · filed 2007-08-29

Relative to these facts, second degree murder is a homicide committed with the specific intent to kill or to inflict great bodily harm, or when the offender is engaged in the "perpetration or attempted perpetration of . . . [a] drive-by shooting . . ., even though he has no intent to kill or inflict great bodily harm." La. R.S. 14:30.1. ... Viewed in the light most favorable to the prosecution, both the direct evidence and the conclusions that can reasonably be inferred from the circumstances are sufficient for a rational trier of fact to conclude beyond a reasonable doubt that defendant was guilty of every essential element of the crime of attempted second degree murder, including the specific intent to kill.

Section 14:30.1 makes life imprisonment mandatory for second-degree murder, and that mandatory punishment is not cruel and unusual.

State v. Smith · filed 2007-10-31

The Defendant was convicted of second degree murder and sentenced to the mandatory term of life imprisonment. La.R.S. 14:30.1. Louisiana courts have consistently held that a mandatory sentence of life imprisonment for second degree murder does not constitute cruel and unusual punishment. ... Therefore, we find that the Defendant's life sentence is not excessive.

Section 14:30.1(B) requires a person convicted of second-degree murder to receive life imprisonment at hard labor without parole, probation, or suspension of sentence, subject to constitutional challenge.

State v. Adams · filed 2007-11-02(B)

Under La. R.S. 14:30.1(B), a person convicted of second-degree murder shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. Courts are charged with applying a statutorily mandated punishment unless it is unconstitutional. State v. Dorthey, 623 So.2d 1276, 1278 (La. 1993). Indeed, it is incumbent on the defendant to rebut the presumption that a mandatory minimum sentence is constitutional by "clearly and convincingly" showing that: [he] is exceptional, which in this context means that because of unusual circumstances this defendant is a victim of the legislature's failure to assign sentences that are meaningfully tailored to the culpability of the offender, the gravity of the offense, and the circumstances of the case. State v. Johnson, 97-1906, p. 8 (La. 3/4/98), 709 So.2d 672, 676. ... The defendant's sentence of life imprisonment at hard labor is the mandatory minimum under the statute and, thus, is presumed constitutional. It is therefore incumbent upon the defendant to rebut this presumption. Based upon our review of the record in this case, we do not find that the defendant has clearly and convincingly shown that she is exceptional.

Section 14:30.1(B) requires a person convicted of second degree murder to serve life imprisonment at hard labor without parole, probation, or suspension of sentence.

State v. Beaner · filed 2007-12-05(B)

Beaner was convicted on two counts of second degree murder. The mandatory sentence for second degree murder is punishment by life imprisonment at hard labor without benefit of parole, probation or suspension of sentence. La. R.S. 14:30.1(B). The argument that the mandatory life sentence for second degree murder is a violation of the prohibition against excessive punishment in the Louisiana Constitution has been repeatedly rejected.

Section 14:30.1 defines second degree murder to include a killing committed with specific intent to kill or inflict great bodily harm.

State v. Jenkins · filed 2008-01-09

Second degree murder is "the killing of a human being: (1) When the offender has a specific intent' to kill or to inflict great bodily harm." La. R.S. 14:30.1. ... The evidence presented by the state, through the testimony of the two eyewitnesses, was sufficient to establish that the defendant's actions in driving the truck into the parking lot and striking the victim were intentional. The jury was provided with ample testimony and evidence from which it could infer that the defendant — by her actions of accelerating, swerving, and then hitting the victim — intended to kill or inflict great bodily harm against the victim.

Section 14:30.1(A) permits a second-degree murder conviction for a killing committed during a drive-by shooting even without intent to kill or inflict great bodily harm, and a principal may be convicted even when a companion fired the fatal shot.

State v. Stewart · filed 2008-05-07(A)

The crime of second degree murder is set forth in La. R.S. 14:30.1(A), which provides in pertinent part: Second degree murder is the killing of a human being (1) when the offender has a specific intent to kill or to inflict great bodily harm; or (2) when the offender is engaged in the "perpetration or attempted perpetration of . . . [a] drive-by shooting . . ., even though he has no intent to kill or to inflict great bodily harm." ... The Brown ruling therefore rests on the proposition that a defendant who is a principal in a drive-by shooting can be convicted of second degree felony murder even though the fatal shot was fired by a companion acting in concert with the defendant in the commission of the shooting. Moreover, in this case, even though none of the Suburban co-conspirators in the drive-by shooting intended to harm the victim, our felony murder statute allows for a conviction "even though he has no intent to kill or to inflict great bodily harm." The elements of felony second degree murder having been sufficiently established, Stewart's first assignment of error is without merit.

Section 14:30.1 defines second-degree murder to include a killing committed while the offender is perpetrating or attempting armed robbery.

State of Louisiana v. Jones · filed 2008-12-10(2)(a)

Second degree murder, in applicable part, is defined as the “killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm; or (2)(a) When the offender is engaged in the perpetration or attempted perpetration of . . . .armed robbery” La.R.S. 14:30.1. ... The evidence in this case was sufficient for the jury to find beyond a reasonable doubt that Defendant robbed and shot to death Gregory Fontenot.

Section 14:30.1(A)(1) defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm, and the court applied that definition to find the requisite intent and causation from the victim's injuries.

State v. McCray · filed 2009-05-13(A)(1)

Second degree murder as applicable to the present case is defined in La. R.S. 14:30.1(A)(1) as the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. ... Viewing the evidence in the light most favorable to the prosecution, it is clear from the nature and extent of the injuries sustained by the victim that the state convincingly showed the requisite intent and that the multiple blows to the head caused the victim’s death.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State v. Lewis · filed 2009-05-26(A)(1)

Second degree murder, as it pertains to this case, is defined as the killing of a human being “[w]hen the offender has the specific intent to kill or to inflict great bodily harm[.]” La.R.S. 14:30.1(A)(1).

Section 14:30.1(A)(1) defines second degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.

State v. Morris · filed 2009-09-11(A)(1)

Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A)(1).

Section 14:30.1(A)(1) defines second-degree murder as killing a human being when the offender has the specific intent to kill or cause great bodily harm.

State v. Johnson · filed 2009-09-16(A)(1)

“the killing of a human being: l)[w]hen the offender has a specific intent to kill or cause great bodily harm.... ”

Section 14:30.1(A) defines second-degree murder as killing a human being when the offender has the specific intent to kill or inflict great bodily harm.

State of Louisiana v. Malcolm James Simon AKA Malcolm Simon AKA Malcolm J. Simon · filed 2009-12-09(A)

Second degree murder, in pertinent part, is defined as “the killing of a human being: (1) When the offender has a specific intent to kill or inflict great bodily harm.” La.R.S. 14:30.1(A). We find that Defendant’s actions exhibited the specific intent to kill or inflict great bodily harm on the victim.

Section 14:30.1 defines second-degree murder as a killing with specific intent to kill or inflict great bodily harm and requires life imprisonment without parole, probation, or suspension of sentence.

State v. Jones · filed 2010-08-11B

Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1. ... The mandatory sentence for second degree murder is punishment by life imprisonment at hard labor without benefit of parole, probation or suspension of sentence. La. R.S. 14:30.1 B. The argument that the mandatory life sentence for second degree murder is a violation of the prohibition against excessive punishment in the Louisiana Constitution has been repeatedly rejected.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm, and an elaborate scheme plus two close-range shots can support that finding.

State of Louisiana v. Marinello · filed 2010-10-06(A)(1)

The jury convicted the defendant of second degree murder, defined at La.R.S. 14:30.1(A)(1) as: “the killing of a human being . . . [w]hen the offender has a specific intent to kill or to inflict great bodily harm[.]” ... With regard to the State’s burden of proof as to specific intent under La.R.S. 14:30.1, certainly the circumstances of the offense support the jury’s determination. Evidence was presented as to an elaborate scheme for the perpetration of the offense and two shots were fired at a close range.

Section 14:30.1(B) requires a person convicted of second degree murder to receive life imprisonment at hard labor without parole, probation, or suspension of sentence; the trial court need not justify this mandatory sentence under the ordinary sentencing guidelines.

State v. Horn · filed 2010-11-03(B)

La. R.S. 14:30.1(B) provides: Whoever commits the crime of second degree murder shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

Section 14:30.1 does not require the State to produce the murder weapon to prove second degree murder.

State of Louisiana v. Sarpy · filed 2010-12-08

It is well settled that there is nothing in the second degree murder statute that requires the State to produce the murder weapon in order to meet its burden of proof at trial.

Section 14:30.1(B) makes second-degree murder punishable by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

State of Louisiana v. Morris · filed 2011-05-04(B)

Under La.R.S. 14:30.1, the crime of second degree murder is punishable “by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.” La.R.S. 14:30.1(B).

Section 14:30.1(A)(1) defines second-degree murder to include killing a human being with specific intent to kill or inflict great bodily harm.

State of Louisiana v. Williams · filed 2011-06-01(A)(1)

Second degree murder is defined as “the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm[.]” La.R.S. 14:30.1(A)(1). ... Defendant’s intent to inflict at least great bodily harm is exhibited by the severity of the injuries.

Section 14:30.1 defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm, or while perpetrating or attempting specified felonies even without that intent.

State v. Moore · filed 2011-05-18

La. R.S. 14:30.1 provides, in pertinent part: ... A. Second degree murder is the killing of a human being: ... (1) When the offender has a specific intent to kill or inflict great bodily harm; or ... |17(2) When the offender is engaged in the perpetration or attempted perpetration of ... armed robbery, first degree robbery ... [or] simple robbery ... even though he has no intent to kill or to inflict great bodily harm. ... Viewing the evidence in the light most favorable to the State, the evidence presented at trial clearly supported Defendant’s second degree murder conviction.

Section 14:30.1 defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State v. Hardy · filed 2011-10-05

Second degree murder is defined as the killing of a human being “[w]hen the offender has a specific intent to kill or to inflict great bodily harm.” La.R.S. 14:30.1.

Section 14:30.1(A) defines second-degree murder to include a killing committed with specific intent to kill or inflict great bodily harm, or a killing committed during the perpetration or attempted perpetration of an enumerated felony even without that intent.

State v. Turner · filed 2012-03-27(A)

Second Degree Murder, La. R.S. 14:30.1(A), is the killing of a human being when the offender (1) has specific intent to kill or to inflict great bodily harm or (2) is engaged in the perpetration or attempted perpetration of armed robbery (and other listed felonies) even though he has no intent to kill or to inflict great bodily harm.

Section 14:30.1 treats attempted second degree murder under Paragraph (A)(1) as requiring specific intent to kill, while Paragraph (A)(2) defines a felony-murder theory; an attempted second degree murder conviction is not based on an underlying felony.

State v. Martin · filed 2012-05-02(A)(1), (A)(2)

The gravamen of attempted second degree murder is the specific intent to kill and the commission of an overt act tending toward the accomplishment of that goal. La. R.S. 14:27 and 14:30.1; See State v. Jarman, 445 So.2d 1184, 1189 (La.1984); State v. Barnett, 96-2050 (La.App. 1st Cir.9/23/97), 700 So.2d 1005, 1009. Although the statute for the completed crime of second degree murder allows for a conviction based on “specific intent to kill or to inflict great bodily harm,” La. R.S. 14:30.1, attempted second degree murder requires specific intent to kill. State v. Bishop, 2001-2548 (La.1/14/03), 835 So.2d 434, 437. ... Inconsistent with the felony murder theory of La. R.S. 14:30.1(A)(2), the crime of attempted second degree murder requires the specific intent to kill. Bishop, 835 So.2d at 437; State v. Butler, 322 So.2d 189, 192 (La.1975). Thus, the crime of attempted second degree murder is not based on an underlying felony.

Section 14:30.1(A)(2) defines second degree felony murder to include a killing during the perpetration or attempted perpetration of an enumerated felony, and the State need prove the underlying felony rather than a specific intent to kill; subsection (B) requires the mandatory life sentence, subject to constitutional-excessiveness review.

State v. Cammatte · filed 2012-09-11(A)(2), (B)

Second degree murder is defined by La. R.S. 14:30.1(A)(2) as the killing of a human being when the offender is engaged in the perpetration or attempted perpetration of one of several enumerated felonies, including aggravated burglary. ... One need not possess specific intent to kill or inflict great bodily harm to be a principal to second degree felony murder. ... Rather, under the felony murder doctrine, the State need only prove the commission of the underlying felony or the attempt thereof. ... First, we note that defendant’s life sentence is mandatory under La. R.S. 14:30.1(B). ... Nevertheless, even though defendant received the mandatory minimum sentence, that sentence may still be reviewed for constitutional excessiveness.

Section 14:30.1 defines second-degree murder as killing a human being when the offender has specific intent to kill or inflict great bodily harm.

State v. Bone · filed 2012-09-11

Defendant’s charge — second degree murder — is defined as the killing of a human being when the offender has specific intent to kill or inflict great bodily harm.

Section 14:30.1(A)(1) defines second degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.

State v. Madrid · filed 2012-12-11(A)(1)

Defendant was charged with and convicted of second degree murder in violation of La. R.S. 14:30.1. Second degree murder is defined as the killing of a |7human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A)(1). Specific intent is that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act.

Section 14:30.1(A)(2) makes second-degree murder applicable when a killing occurs during the perpetration or attempted perpetration of aggravated arson, even without intent to kill or inflict great bodily harm.

State v. Grady · filed 2013-01-16(A)(2)

La. R.S. 14:30.1 provides: A. Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm; or (2) When the offender is engaged in the perpetration or attempted perpetration of ... aggravated arson ... even though he has no intent to kill or to inflict great bodily harm. ... The evidence is thus sufficient to prove that defendant committed the second degree murder of both victims by virtue of his commission of aggravated arson.

Subsection (B) requires a second-degree-murder sentence of life imprisonment without benefit of probation, parole, or suspension of sentence.

State v. Gilmore · filed 2013-02-08(B)

Next, the mandatory life sentence imposed was illegally lenient. The sentence was to be served without benefit of probation, parole or suspension of sentence pursuant to La. R.S. 14:30.1(B). However, the sentencing transcript reflects that the sentences at hard labor were to be served without benefit of parole or suspension of sentence.

Subsection (B) mandates life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence for second degree murder.

State v. Parker · filed 2013-04-10(B)

The statutorily mandated sentence for second degree murder is punishment by |3life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. La. R.S. 14:30.1(B). Where there is a mandatory sentence there is no need for the trial court to justify a sentence it is legally required to impose.

Under Subsection (A)(2), a killing during the attempted perpetration of armed robbery supports second-degree felony murder without specific intent to kill or inflict great bodily harm, and Subsection (B) requires a mandatory life sentence.

State of Louisiana v. Kato · filed 2013-05-15(A)(2), (B)

Attempted armed robbery will support a second degree murder conviction. La.R.S. 14:30.1(A)(2). ... In the present case, as the State notes in its brief and the trial court noted at sentencing, a conviction for second degree murder carries a mandatory life term. La.R.S 14:30.1(B).

Section 14:30.1(B) mandates life imprisonment at hard labor without parole, probation, or suspension for second-degree murder, but that mandatory scheme cannot be applied to impose a juvenile life sentence without a Miller-specific sentencing review.

State v. Fletcher · filed 2013-04-10(B)

However, considering the fact that the trial court imposed the mandatory sentence pursuant to La. R.S. 14:30.1, we find that we must vacate the defendant’s sentence and remand this case so that the trial court may conduct a more specific and thorough review of the factors discussed in Miller, supra, in addition to the factors considered in La. C. Cr. P. art. 894.1.

Section 14:30.1 requires a person convicted of second degree murder to receive life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

State v. Wills · filed 2013-09-25

Defendant was convicted of second degree murder, a violation of La. R.S. 14:30.1. This statute requires a mandatory sentence of life imprisonment at hard labor, without benefit of parole, probation, or suspension of sentence.

Section 14:30.1 requires a person convicted of second degree murder to receive life imprisonment at hard labor without parole, probation, or suspension of sentence.

State of Louisiana v. Perkins · filed 2013-11-06

Louisiana Revised Statutes 14:30.1 mandates a sentence of life imprisonment and provides, in pertinent part, “[w]hoever commits the crime of second degree murder shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.” ... The sentence is mandatory and not grossly disproportionate to the crime. Thus, the trial court did not abuse its vast discretion in sentencing Defendant to the mandatory sentence required by law.

Section 14:30.1 requires a person convicted of second degree murder to receive life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

State v. Perkins · filed 2013-11-06

RLouisiana Revised Statutes 14:30.1 mandates a sentence of life imprisonment and provides, in pertinent part, “[wjhoever commits the crime of second degree murder shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.”

Section 14:30.1 mandates life imprisonment at hard labor without parole, probation, or suspension of sentence for a conviction of second degree murder.

State v. Stewart · filed 2014-01-31

For those offenders convicted of second degree murder in Louisiana, La. R.S. 14:30.1 mandates a sentence of life imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence.

Section 14:30.1(A)(1) defines second-degree murder as a killing committed with specific intent to kill or inflict great bodily harm, and subsection (B) requires a mandatory life sentence at hard labor without parole, probation, or suspension of sentence.

State of Louisiana v. Diggs · filed 2014-02-12(A)(1) (B)

In this instance, “[s]econd degree murder is the killing of a human being . . . [w]hen the offender has a specific intent to kill or to inflict great bodily harm[.]” La.R.S. 14:30.1. Defendant contends that the evidence was insufficient to prove the elements of second degree murder because Mr. Wright’s description of the shooter in his first statement as a “short black male” did not match the description of the six-feet-tall Defendant. ... Defendant’s arguments lack merit. ... The jury obviously found the testimony of three eyewitnesses to be credible. We agree with the jury’s findings. ... A conviction for second degree murder leads to a mandatory life sentence at hard labor without benefit of parole, probation, or suspension of benefits. La.R.S. 14:30.1(B). ... Here, there is nothing “exceptional” about Defendant other than the brutality and intentionality with which he took a human life. ... Whether Defendant’s sentence was “tailored” for him, this court finds every reason to conclude that the punishment fits the crime.

Section 14:30.1 makes second-degree murder punishable by mandatory life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

State v. Williams · filed 2014-04-23

Mr. Williams was convicted of second degree murder, a violation of La. R.S. 14:30.1, which carries a mandatory sentence of life imprisonment at hard labor, without benefit of parole, probation, or suspension of sentence. ... The assertion that the mandatory life sentence for second degree murder is a violation of the prohibition against excessive punishment in the Louisiana Constitution has been rejected.

Section 14:30.1(A)(2) includes a killing committed while the offender is perpetrating or attempting armed robbery as second degree murder, even without intent to kill or inflict great bodily harm.

State v. Bowman · filed 2014-04-23(A)(2)

La. R.S. 14:30.1 provides: A. Second degree murder is the killing of a human being: ... (2) When the offender is engaged in the perpetration or attempted perpetration of aggravated rape, forcible rape, aggravated arson, aggravated burglary, aggravated kidnapping, second degree kidnapping, aggravated escape, assault by drive-by shooting, armed robbery, first degree robbery, second degree robbery, simple robbery, cruelty to juveniles, second degree cruelty to juvenile, or terrorism, even though he has no intent to kill or to inflict great bodily harm. (Emphasis added.) ... These testimonies sufficiently establish that the victim was killed during the perpetration of an armed robbery, which are necessary elements for a conviction of second degree murder.

For purposes of the charged offense, § 14:30.1 requires proof that the defendant killed a human being with specific intent to kill or inflict great bodily harm.

State v. Adams · filed 2014-05-14

Second degree murder includes the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1.

Section 14:30.1 mandates life imprisonment at hard labor without parole, probation, or suspension of sentence for a second-degree murder conviction.

State v. Griffin · filed 2014-06-25

For those offenders convicted of second degree murder in Louisiana, La. R.S. 14:30.1 mandates a sentence of life imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence.

Section 14:30.1(A)(1) defines second degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.

State v. Winzer · filed 2014-10-08(A)(1)

Winzer was charged with second degree murder, which is defined by La. R.S. 14:30.1 (A)(1) as the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm.

Section 14:30.1 B makes life imprisonment at hard labor without parole, probation, or suspension of sentence the exclusive penalty for second-degree murder, while allowing constitutional-excessiveness review under Louisiana law.

State v. Pernell · filed 2014-10-15B

Pursuant to this authority, the Legislature enacted La. R.S. 14:30.1, prohibiting certain types of killings of other human beings, statutorily-labeled “second degree murders.” “The exclusive punishment authorized by the [ ¿Legislature upon conviction of second degree murder is ‘life imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence.’ ” Pernell, 13-0180, p. 15; 127 So.3d at 29 (citing La. R.S. 14:30.1 B). “[D]ue to the absence of any range whatsoever in the penalty provision for second degree murder, this is not a case where the [Legislature intends for a sentencing judge to exercise his discretion and impose a sentence which is gradated according to the individualized circumstances of the offense and the offender.” Id., 13-0180, pp. 15-16; 127 So.3d at 29 (citing Sepulvado, 367 So.2d at 766).

Section 14:30.1(A)(1) defines second degree murder to include killing a human being with the specific intent to kill or inflict great bodily harm.

State v. Thompson · filed 2015-01-28(A)(1)

In the instant case, defendant was charged with and convicted of second degree murder, a violation of La. R.S. 14:30.1. Second degree murder is defined, in pertinent part, as the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. See La. R.S. 14:30.1(A)(1). Specific intent is that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act.

Section 14:30.1(A)(1) defines second-degree murder as a killing committed with the specific intent to kill or inflict great bodily harm, and Section 14:30.1(B) mandates life imprisonment at hard labor without parole, probation, or suspension of sentence.

State v. Smith · filed 2015-05-20(A)(1) (B)

Second degree murder is the killing of a human being when the offender has the specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A)(1). ... The evidence presented at trial was sufficient to support Defendant’s conviction for second degree murder. His specific intent to kill or inflict great bodily harm was demonstrated by his act of deliberately pointing a gun at Mr. Britton and firing 16 shots into him. ... The mandatory sentence for second degree murder is punishment by life imprisonment at hard labor without the benefit of parole, probation or suspension of sentence. La. R.S. 14:30.1(B). ... The mandatory sentence of life imprisonment for a conviction of second degree murder is presumed to be constitutional, and Defendant failed to demonstrate that he is an “exceptional” defendant for whom a downward departure from the statutory minimum sentence is required.

Section 14:30.1 defines second-degree murder as an intentional killing or a killing during specified felonies and provides for mandatory life imprisonment without benefits.

State v. Little · filed 2015-08-12

La. R.S. 14:30.1, Second degree murder, provides in pertinent part: A. Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm;' or (2) When the offender is engaged in the perpetration or attempted perpetration of aggravated rape, forcible rape, aggravated arson, aggravated burglary, aggravated kidnapping, second degree kidnapping, aggravated escape, assault by drive-by shooting, armed robbery, first degree robbery, second degree robbery, simple robbery, cruelty to juveniles, second degree cruelty to juveniles, or terrorism, even though he has no intent to kill or to inflict great bodily harm. * * * B. Whoever commits the crime of second degree murder shall be punished by life imprisonment at hard labor -without benefit of parole, probation, or suspension of sentence; ... The totality of the evidence is sufficient for.a rational trier of fact to conclude [ T9beyond a reasonable doubt that Little was guilty of every essential element of second degree murder.

Section 14:30.1 requires a person convicted of second degree murder to receive life imprisonment at hard labor without parole, probation, or suspension of sentence.

State v. Jones · filed 2015-09-23

LFor those offenders convicted of second degree murder in Louisiana, La. R.S. 14:30.1 mandates a sentence of life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

Section 14:30.1(A) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm, and Section 14:30.1(B) mandates life imprisonment at hard labor without parole, probation, or suspension of sentence.

State of Louisiana v. Ceasar James Williams -Aka- Ceaser James Williams · filed 2015-12-09(A), (B)

As relevant herein, the crime of second degree murder ―is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm[.]‖ La.R.S. 14:30.1(A). A finding of specific intent to kill may be supported by a determination that the perpetrator deliberately pointed and fired a weapon at the victim at close range. ... The mandatory sentencing provision for second degree murder is ―life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.‖ La.R.S. 14:30.1(B).

Section 14:30.1 defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm and mandates life imprisonment at hard labor without parole, probation, or suspension of sentence.

State v. Williams · filed 2015-12-09(A) (B)

As relevant herein, the crime of second degree murder “is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm[.]” La.R.S. 14:30.1(A). ... The mandatory sentencing provision for second degree murder is “life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.” La.R.S. 14:30.1(B).