Louisiana v. Shaikh

The State charged defendant Fahim Shaikh with simple kidnapping, and indecent behavior with a juvenile. The charges arose from an incident involving 13-year-old A.G. on April 17, 2014, after she ran away from home while her mother was out. He took A.G. to his apartment, eventually delivering her to a friend's house, where the friend's mother made A.G. call the Beauregard Parish Sheriff’s Department. Deputies, posing as A.G. arranged through text messages to meet defendant, and arrested him after he initially tried to flee from them. A Beauregard Parish jury found defendant guilty as charged. The trial court sentenced defendant to five years imprisonment at hard labor, with two years suspended, for simple kidnapping, and to seven years imprisonment at hard labor, with three years suspended, for indecent behavior. The court of appeal vacated the conviction for indecent behavior and found that the five-year sentence for simple kidnapping was excessive. The Louisiana Supreme Court reversed and remanded: "While it may be true that the sentence is longer than those imposed in other cases, this fact alone does not demonstrate a manifest abuse of discretion on the part of the trial court. Moreover, it is important to note that while defendant received the maximum sentence, the trial court suspended 40% of that sentence. Thus, defendant will likely serve far less than the five years imposed. Under the circumstances, the sentence is an acceptable exercise of the trial court’s broad discretion. Therefore, we reinstate the sentence for simple kidnapping as originally imposed. Because defendant argued on appeal that his sentence for indecent behavior is excessive, which issue the court of appeal did not reach because it vacated the underlying conviction," the matter was remanded for further proceedings. View "Louisiana v. Shaikh" on Justia Law