State of Louisiana Versus Leroy Tate ( 2023 )


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  • STATE OF LOUISIANA                                  NO. 22-KA-367
    VERSUS                                              FIFTH CIRCUIT
    LEROY TATE                                          COURT OF APPEAL
    STATE OF LOUISIANA
    ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT
    PARISH OF JEFFERSON, STATE OF LOUISIANA
    NO. 19-5265, DIVISION "I"
    HONORABLE NANCY A. MILLER, JUDGE PRESIDING
    April 26, 2023
    ROBERT A. CHAISSON
    JUDGE
    Panel composed of Judges Susan M. Chehardy,
    Marc E. Johnson, and Robert A. Chaisson
    CONVICTIONS AFFIRMED; SENTENCES ON COUNTS TWO AND
    FOUR AFFIRMED; REMANDED FOR RESENTENCING ON COUNT
    ONE AND FOR CORRECTION OF UCO
    RAC
    SMC
    MEJ
    COUNSEL FOR DEFENDANT/APPELLANT,
    LEROY TATE
    Jane L. Beebe
    COUNSEL FOR PLAINTIFF/APPELLEE,
    STATE OF LOUISIANA
    Honorable Paul D. Connick, Jr.
    Thomas J. Butler
    Monique D. Nolan
    Rachel L. Africk
    Stephen Downer
    CHAISSON, J.
    Defendant, Leroy Tate, appeals his convictions and sentences for one count
    of attempted second degree kidnapping and two counts of simple robbery. For the
    reasons that follow, we affirm defendant’s convictions and his sentences on counts
    two and four; however, we remand the matter for resentencing on count one and
    for correction of errors patent as noted herein.
    PROCEDURAL HISTORY
    On October 28, 2019, the Jefferson Parish District Attorney filed a bill of
    information charging defendant with attempted second degree kidnapping of
    Sheena Cheneau, on or about June 2, 2018, in violation of La. R.S. 14:27 and La.
    R.S.14:44.1 (count one). At the October 31, 2019 arraignment, defendant pled not
    guilty. On April 17, 2020, the State filed a superseding bill of information
    charging defendant with attempted second degree kidnapping of Sheena Cheneau,
    on or about June 2, 2018, in violation of La. R.S. 14:27 and La. R.S. 14:44.1 (count
    one); simple robbery of Sheena Cheneau, on or about June 2, 2018, in violation of
    La. R.S. 14:65 (count two); attempted simple kidnapping of Sheena Cheneau, on or
    about November 19, 2017, in violation of La. R.S. 14:27 and La. R.S. 14:45 (count
    three); and simple robbery of Sheena Cheneau, on or about November 19, 2017, in
    violation of La. R.S. 14:65 (count four). On May 26, 2020, defendant pled not
    guilty to the charges in the superseding bill.
    On January 25, 2022, prior to the commencement of trial, the State
    dismissed count three of the bill of information (attempted simple kidnapping), and
    the matter thereafter proceeded to trial before a twelve-person jury on the
    remaining counts. On January 26, 2022, after considering the evidence presented,
    the jury unanimously found defendant guilty as charged on counts one, two, and
    four.
    22-KA-367                                  1
    On February 14, 2022, defendant filed a “Motion in Post Verdict Judgment
    of Acquittal, Arrest of Judgment, and Alternatively Motion for New Trial,” which
    the trial court denied. After defendant waived sentencing delays, the trial court
    sentenced him to imprisonment at hard labor for fifteen years on count one and
    seven years on counts two and four, to run concurrently. Defendant subsequently
    filed a motion to reconsider sentence, which the trial court denied. Defendant now
    appeals.
    FACTS
    At trial, Sheena Cheneau, the victim, testified regarding her relationship with
    defendant and the incidents that occurred on November 19, 2017, and on June 2,
    2018. According to Ms. Cheneau, she met defendant at a Mardi Gras parade in
    2017, and they soon began dating. The courtship moved quickly, and defendant
    eventually moved in with her and her son in New Orleans. Ms. Cheneau relayed
    that the relationship started off well, but defendant was jealous of other men. Due
    to this issue, Ms. Cheneau, who owned a cigar bar in Metairie, tried to keep her
    business life and family life separate, which caused many disagreements between
    the couple.
    Ms. Cheneau recalled that on November 19, 2017, she was hosting a friend’s
    birthday celebration at her cigar club. As Ms. Cheneau was speaking to a male
    guest, defendant entered the lounge. Defendant approached Ms. Cheneau to
    inquire about the male guest, whom he accused of flirting with her. To avoid
    discussing the matter in front of the patrons, Ms. Cheneau proceeded to walk to her
    office located at the rear of the lounge. As Ms. Cheneau walked to her office,
    defendant walked directly behind her and “knocked” her in the head. Ms. Cheneau
    testified that once they were in her office, defendant hit her again, took her
    personal cell phone and keys, and then left her office. She then followed defendant
    to the parking lot to try to get her phone and keys back, at which point he assaulted
    22-KA-367                                  2
    her again. By this time, some patrons had exited the club to assess the situation.
    Defendant then left the premises in Ms. Cheneau’s vehicle while maintaining her
    cell phone and keys.1
    According to Ms. Cheneau, defendant later returned to the club to pick her
    up and drive her home. Once in the car with defendant, the two started arguing
    and defendant began hitting her. Instead of going to her residence, defendant
    travelled to a vacant lot in New Orleans East, removed her from the vehicle, and
    continued hitting her. Ms. Cheneau eventually convinced defendant to drive her to
    the hospital for treatment because she believed she was having a miscarriage. The
    hospital called the police, but Ms. Cheneau did not want to pursue charges at that
    time. After this incident, she ended her relationship with defendant and moved in
    with her parents.
    Sometime thereafter, the cigar lounge was damaged in a fire and closed.
    However, by June of 2018, Ms. Cheneau restored the building and reopened her
    business under a new name. On June 2, 2018, Ms. Cheneau was at her business
    training her new employees for an upcoming event. As she was doing so, Ms.
    Cheneau observed a white sedan continuously driving in front of the building. The
    car eventually stopped, and the driver started blowing the horn. The female
    employee went outside to investigate and was met by a man asking for Sheena.
    Ms. Cheneau then went outside to check on the employee, at which time defendant
    saw her. According to Ms. Cheneau, defendant ran and jumped the iron fence to
    get into the courtyard of the premises. Ms. Cheneau screamed, prompting the male
    employee to step outside to check what was happening. Ms. Cheneau testified that
    defendant then made a gesture to the employee indicating he possibly had a
    1
    At the time of the November 19, 2017 incident, the cigar club was equipped with surveillance cameras
    that recorded the altercation. These surveillance videos were played for the jury.
    22-KA-367                                          3
    weapon. Ms. Cheneau told the two employees to leave and call the police, which
    they did.2
    Ms. Cheneau stated that defendant was angry and inquired about her
    “sleeping with the man in there.” Ms. Cheneau was scared and attempted to
    reassure defendant that nothing transpired between her and her employee by
    bringing him to the bathroom and showing him that she was menstruating at that
    time. She reported that defendant started pushing her around, and as she was on
    the ground, defendant pulled out a gun and placed it at the back of her head. She
    stated defendant inquired about her vehicle, which was not located on the
    premises. At some point, while defendant searched for her vehicle, he forced Ms.
    Cheneau over a fence with him as he dragged her by her right arm. As he was
    dragging her, a police unit approached the building. Defendant immediately
    released Ms. Cheneau and ran from the premises. Ms. Cheneau advised the
    responding officer, Deputy Allen Flettrich of the Jefferson Parish Sheriff’s Office,
    that defendant had a gun and took her cell phone and keys.3
    At trial, Deputy Flettrich testified about his observations upon arrival at the
    scene. He recalled that as he approached the scene, he observed a black male
    pulling a black female. He described the female as being in a seated position on
    the ground as she struggled to be released from the male, who had his left arm
    around her neck while dragging her approximately three to five feet. Once he
    activated his patrol vehicle’s sirens and proceeded to exit his vehicle, Deputy
    Flettrich observed the male release the female and quickly reach into his right
    waistband, which implied to the deputy that he possibly had a gun. When the
    2
    The 9-1-1 call, which began around 1:07 a.m. on June 2, 2018, was played for the jury. In that
    recording, the female caller stated that her friend, Sheena, was being beaten by her ex-boyfriend, who
    may have a gun, and that assistance was needed immediately. The caller identified the ex-boyfriend as
    “Brandon” and described him as a tall black male wearing a red shirt.
    3
    Ms. Cheneau testified that there was no video surveillance footage of the June 2, 2018 incident because
    the surveillance cameras had not yet been installed at the restored building.
    22-KA-367                                           4
    officer thereafter identified himself and issued a stop command, the subject, who
    was wearing a red shirt and dark pants, quickly fled the scene. Deputy Flettrich
    testified that as he canvassed the area, he noticed a white car exiting the premises;
    however, he did not stop the vehicle because the driver did not fit the description
    of the suspect. Soon thereafter, other units arrived and began to look for the
    suspect, but they were unable to locate him. Following the incident, Ms. Cheneau
    provided the police with a written statement, asserting that Leroy Tate, her ex-
    boyfriend, hit her, dragged her, and took her keys and phone. She also relayed, in
    the statement, that she saw a small caliber “black with grey” gun.
    Thereafter, Ms. Cheneau went to her parents’ home in New Orleans. Later
    that morning, Lieutenant Darren Monie, who conducted the follow-up
    investigation, travelled to her parents’ house to take a statement from Ms.
    Cheneau. While on his way, Lieutenant Monie received a telephone call from Ms.
    Cheneau’s mother, who informed him that officers from the New Orleans Police
    Department (NOPD) were at her residence and had arrested Ms. Cheneau based on
    an outstanding warrant. With regard to this warrant, Sergeant Gregory Powell of
    the NOPD explained that at approximately 3:30 a.m. on June 2, 2018, defendant
    filed a report of domestic violence on the basis that Ms. Cheneau had pointed a gun
    at him, which resulted in the warrant being issued. Through investigation, the
    officers learned that Ms. Cheneau could not have committed the crime alleged by
    defendant. The warrant was thereafter recalled, and she was released from
    custody.
    Lieutenant Monie later obtained a recorded statement from Ms. Cheneau
    about the incident that occurred on June 2, 2018, at her cigar lounge. Lieutenant
    Monie also contacted the two employees who were present at the time of the
    incident but was ultimately unable to obtain statements from them. Following
    completion of the investigation, defendant was arrested.
    22-KA-367                                 5
    At trial, defendant testified on his own behalf and presented a different
    version of events. Defendant stated that on November 19, 2017, he and Ms.
    Cheneau travelled together to her club. At some point, they had an altercation, and
    Ms. Cheneau threw a drink in his face. Defendant reported that in retaliation, he
    approached Ms. Cheneau while she was talking to another man in the cigar lounge.
    While defendant identified himself as the individual in the surveillance videos, he
    asserted that the videos were altered to omit the initial altercation when Ms.
    Cheneau threw a drink on him. During his testimony, defendant admitted that he
    struck Ms. Cheneau and took possession of the cell phone that was in her hand;
    however, he maintained that the cell phone in her hand that he took was actually
    his cell phone. He also denied taking possession of Ms. Cheneau’s keys; instead,
    he claimed that he had possession of the keys to the vehicle since he drove the
    couple to the cigar lounge. During his testimony, defendant confirmed that he left
    the cigar lounge to de-escalate the situation but returned later to pick up Ms.
    Cheneau. Defendant recalled that while they were on the way home, Ms. Cheneau
    was not feeling well and complained of cramping, which prompted him to bring
    her to the hospital. Defendant denied driving her out to New Orleans East before
    bringing her to the hospital. While at the hospital, defendant was arrested by
    NOPD.
    According to defendant, in December of 2017, he received a protective order
    to stay away from Ms. Cheneau. Despite this order, the two had some contact, but
    they were not involved in a relationship in June of 2018. Defendant denied going
    to Ms. Cheneau’s club on June 2, 2018. Rather, he claimed that on June 2, 2018, at
    approximately 12:00 -12:15 a.m., Ms. Cheneau arrived at his parents’ residence in
    New Orleans in a gray SUV. At the time, defendant was outside sitting on a car.
    According to defendant, Ms. Cheneau pulled up in the car and asked him who he
    was talking to, at which time defendant replied, “That’s a man I’m talking to.”
    22-KA-367                                 6
    Defendant relayed that Ms. Cheneau then pulled out a black gun, cocked it back,
    and stated, “B, I’ll kill you out here.” Ms. Cheneau then drove away. Defendant
    claimed he was reluctant to involve law enforcement but eventually called NOPD
    and reported the incident.
    Bettie Frazier testified as a defense witness at trial. In accord with
    defendant’s testimony, she conveyed that on June 2, 2018, at approximately 12:15
    a.m., she was in her parked car, outside the residence of defendant’s mother,
    getting ready to travel home to Baton Rouge. At that time, she observed a female
    in a gray SUV drive up and wave a gun at defendant. Despite seeing this, Ms.
    Frazier did not call police at this time even though she had a cell phone. Rather,
    she proceeded home to Baton Rouge and then contacted the Orleans Parish Jail.
    SUFFICIENCY OF THE EVIDENCE
    In his sole assignment of error on appeal, defendant challenges the
    sufficiency of the evidence used to convict him of attempted second degree
    kidnapping. He specifically contends that the trial court erred in denying his
    motion for post-verdict judgment of acquittal and new trial because the State failed
    to prove beyond a reasonable doubt the identity of the perpetrator and that he had a
    gun or intimated that he had a gun during the June 2, 2018 incident.
    In reviewing the sufficiency of the evidence, an appellate court must
    determine that the evidence, whether direct or circumstantial, or a mixture of both,
    viewed in the light most favorable to the prosecution, was sufficient to convince a
    rational trier of fact that all of the elements of the crime have been proven beyond
    a reasonable doubt. Jackson v. Virginia, 
    443 U.S. 307
    , 
    99 S.Ct. 2781
    , 
    61 L.Ed.2d 560
     (1979); State v. Neal, 00-674 (La. 6/29/01), 
    796 So.2d 649
    , 657, cert. denied,
    
    535 U.S. 940
    , 
    122 S.Ct. 1323
    , 
    152 L.Ed.2d 231
     (2002).
    In the present case, defendant was found guilty of one count of attempted
    second degree kidnapping, in violation of La. R.S. 14:44.1 and La. R.S. 14:27.
    22-KA-367                                 7
    Second degree kidnapping is defined in La. R.S. 14:44.1, in relevant part, as the
    “forcible seizing and carrying of any person from one place to another” wherein
    the victim is “imprisoned or kidnapped when the offender is armed with a
    dangerous weapon or leads the victim to reasonably believe he is armed with a
    dangerous weapon.” La. R.S. 14:27 defines an attempt as follows:
    A. Any person who, having a specific intent to commit a crime, does
    or omits an act for the purpose of and tending directly toward the
    accomplishing of his object is guilty of an attempt to commit the
    offense intended; and it shall be immaterial whether, under the
    circumstances, he would have actually accomplished his purpose.
    Encompassed in proving the elements of any offense is the necessity of
    proving the identity of the defendant as the perpetrator. When the key issue in the
    case is identification, the State is required to negate any reasonable probability of
    misidentification in order to carry its burden of proof under Jackson. State v.
    Taylor, 99-296 (La. App. 5 Cir. 7/27/99), 
    740 So.2d 216
    , 222, writ denied, 99-
    2609 (La. 3/17/00), 
    756 So.2d 322
    .
    In his appellate brief, defendant challenges his attempted second degree
    kidnapping conviction, contending that the State failed to prove beyond a
    reasonable doubt his identity as the man in the parking lot with Ms. Cheneau on
    June 2, 2018, and further failed to prove that this person had a gun or implied that
    he had a gun. To support this argument, defendant points out that only Ms.
    Cheneau identified him as the perpetrator in the parking lot, whereas both he and
    Ms. Frazier presented testimony that he was at a family function at his parents’
    house that evening and was not in Metairie. Further, defendant asserts that this
    defense testimony is supported by the police report that he filed with NOPD,
    alleging Ms. Cheneau went to his parents’ house just after midnight on June 2,
    2018, and waived a gun at him from an SUV. Defendant also claims that Deputy
    Flettrich did not see a gun, and the only indication that the perpetrator had a gun
    was Ms. Cheneau hollering to the officer that the man had one.
    22-KA-367                                  8
    Having thoroughly reviewed the evidence presented at trial, we find no merit
    to defendant’s arguments and conclude that the State proved beyond a reasonable
    doubt all the elements of the offense of attempted second degree kidnapping,
    including his identity as the perpetrator and his use of a firearm during the
    commission of the offense.
    At trial, Ms. Cheneau testified that on June 2, 2018, defendant arrived at her
    cigar lounge while she was training employees, and once he caught sight of her
    outside, he jumped the fence to access the courtyard of the premises. Ms. Cheneau
    screamed, prompting the male employee to step outside to see what was
    happening. Ms. Cheneau testified at trial that defendant made a gesture to the
    employee indicating he possibly had a gun. Pursuant to Ms. Cheneau’s directive,
    the two employees left to call the police. Ms. Cheneau’s testimony further
    revealed that defendant followed her into the lounge where a physical fight ensued.
    According to Ms. Cheneau, defendant pushed her around, and at some point, while
    she was on the ground, he pulled out a firearm, placed it to the back of her head,
    and forced her to exit the building as he inquired about the location of her vehicle.
    As he searched for her vehicle, defendant forced her over the fence with him as he
    dragged her by her arm.
    Deputy Flettrich, the responding officer, testified that upon his arrival at the
    scene, he observed a black male pulling a black female. He described the female
    as being in a seated position on the ground as she struggled to be released from the
    black male who had his left arm around her neck while dragging her approximately
    three to four feet. Deputy Flettrich further relayed that once he activated his patrol
    vehicle’s sirens and proceeded to exit the vehicle, he observed the male release the
    female and reach into the right waistband of his pants, which implied to the deputy
    that he had a firearm.
    22-KA-367                                 9
    In addition to this evidence, the jury heard the 9-1-1 audio recording for
    June 2, 2018, wherein Ms. Cheneau’s employee requested assistance at the cigar
    lounge because Ms. Cheneau’s ex-boyfriend was there. In the 9-1-1 audio
    recording, the employee reported that the ex-boyfriend had a gun and that he
    slapped Ms. Cheneau. Also, in her handwritten statement to JPSO after the June 2,
    2018 incident, Ms. Cheneau reported that Leroy Tate, her ex-boyfriend, arrived at
    the lounge, hit her, dragged her, and took her keys and phone. She also relayed, in
    the statement, that she saw a small caliber “black with grey” gun.
    At trial, defendant presented a different version of events for the jury’s
    consideration. During his testimony, defendant denied going to Ms. Cheneau’s
    club on June 2, 2018, and maintained that he was at his parents’ house in New
    Orleans. According to defendant, on June 2, 2018, at approximately 12:00 -12:15
    a.m., Ms. Cheneau arrived at his parents’ residence in a gray SUV, pulled up to
    defendant who was outside sitting on a car, asked him who was he talking to, and
    then pulled out a black gun, cocked it back, and stated, “B, I’ll kill you out here.”
    Ms. Cheneau then drove away, and several hours later, defendant reported the
    incident to police. Defendant also testified that the 9-1-1 audio recording from
    June 2, 2018, identified Ms. Cheneau’s ex-boyfriend as “Brandon,” which he
    emphasized was not him.
    In accord with defendant’s testimony, Ms. Frazier conveyed that on June 2,
    2018, at approximately 12:15 a.m., she was in her parked car, outside the residence
    of defendant’s mother, getting ready to travel home to Baton Rouge. At that time,
    she observed a female in a gray SUV drive up and wave a gun at defendant.
    In the present case, the jury heard this conflicting testimony and obviously
    chose to believe the testimony of Ms. Cheneau over that of defendant and Ms.
    Frazier. It is not the function of the appellate court to assess credibility or reweigh
    the evidence. State v. Smith, 94-3116 (La. 10/16/95), 
    661 So.2d 442
    , 443. The
    22-KA-367                                 10
    trier of fact shall evaluate credibility, and when faced with a conflict in testimony,
    is free to accept or reject, in whole or in part, the testimony of any witness. State v.
    Bradley, 03-384 (La. App. 5 Cir. 9/16/03), 
    858 So.2d 80
    , 84, writs denied, 03-2745
    (La. 2/13/04), 
    867 So.2d 688
     and 08-1951 (La. 1/30/09), 
    999 So.2d 750
    .
    Additionally, under Louisiana law, a victim’s or witness’s testimony alone is
    usually sufficient to support the verdict. State v. Munson, 12-327 (La. App. 5 Cir.
    4/10/13), 
    115 So.3d 6
    , 13, writ denied, 13-1083 (La. 11/22/13), 
    126 So.3d 476
    . In
    the absence of internal contradiction or irreconcilable conflict with physical
    evidence, one witness’s testimony, if believed by the trier of fact, is sufficient
    support for a requisite factual conclusion. State v. Anderson, 18-45 (La. App. 5
    Cir. 10/17/18), 
    258 So.3d 997
    , 1004, writ denied, 18-1848 (La. 4/15/19), 
    267 So.3d 1131
    .
    Based on the foregoing, we conclude that a rational trier of fact could have
    found that the evidence was sufficient under Jackson to support defendant’s
    conviction for attempted second degree kidnapping.4 Therefore, the trial court did
    not abuse its discretion in denying defendant’s motion for post-verdict judgment of
    acquittal and new trial.
    ERRORS PATENT REVIEW
    We have reviewed the record for errors patent, according to La. C.Cr.P. art.
    920; State v. Oliveaux, 
    312 So.2d 337
     (La. 1975); and State v. Weiland, 
    556 So.2d 175
     (La. App. 5th Cir. 1990).
    Our review reveals that defendant received an illegally lenient sentence with
    regard to the restriction of benefits on count one. In the present case, the trial court
    sentenced defendant to imprisonment at hard labor for fifteen years on the
    4
    On appeal, defendant challenges the sufficiency of the evidence as to his attempted second degree
    kidnapping conviction. We nonetheless note that our review of the record reflects that the State presented
    sufficient evidence under the Jackson standard to establish the essential statutory elements of the two
    counts of simple robbery as set forth in La. R.S. 14:65.
    22-KA-367                                          11
    attempted second degree kidnapping conviction. At the time of the offense,5 La.
    R.S. 14:44.1(C) stated, “Whoever commits the crime of second degree kidnapping
    shall be imprisoned at hard labor for not less than five nor more than forty years.
    At least two years of the sentence imposed shall be without benefit of parole,
    probation, or suspension of sentence.” La. R.S. 14:27(D)(3), the attempt statute,
    provides, “In all other cases he shall be fined or imprisoned or both, in the same
    manner as for the offense attempted; such fine or imprisonment shall not exceed
    one-half of the largest fine, or one-half of the longest term of imprisonment
    prescribed for the offense so attempted, or both.”
    Thus, the trial court imposed an illegally lenient sentence by failing to
    stipulate that at least one year of defendant’s sentence for attempted second degree
    kidnapping, which is one-half of the statutory restriction, be served without benefit
    of parole, probation, or suspension of sentence. Accordingly, we remand the
    matter for resentencing as to count one and instruct the trial court to impose at least
    one year of the disposition without benefit of parole, probation, or suspension of
    sentence in compliance with La. R.S. 14:44.1(C) and La. R.S. 14:27(D)(3). See
    State v. Hayman, 20-323 (La. App. 5 Cir. 4/28/21), 
    347 So.3d 1030
    , 1045.
    We also note an inconsistency in the uniform commitment order (UCO)
    regarding the date of the offense. The UCO indicates that the date of the offense
    on count four was June 2, 2018. However, the superseding bill of information and
    the transcript reflect that the date of the offense on count four was November 19,
    2017. Accordingly, we remand this matter to the trial court with instructions to
    correct the UCO to reflect the correct date of the charged offense on count four.
    We direct the Clerk of Court for the 24th Judicial District Court to transmit the
    corrected UCO to the appropriate authorities in accordance with La. C.Cr.P. art.
    5
    The law in effect at the time of the commission of the offense is determinative of the penalty imposed.
    State v. Sugasti, 01-3407 (La. 6/21/02), 
    820 So.2d 518
    , 520.
    22-KA-367                                           12
    892(B)(2) and to the Department of Corrections’ legal department. State v. Fisher,
    19-504 (La. App. 5 Cir. 12/23/20), 
    307 So.3d 1204
    , 1227, writ denied, 21-130 (La.
    5/4/21), 
    315 So.3d 219
    .
    Accordingly, for the reasons set forth herein, we affirm defendant’s
    convictions and his sentences on counts two and four. We remand the matter to
    the trial court for resentencing on count one and for correction of the UCO in
    accordance with this Court’s instructions provided herein.
    CONVICTIONS AFFIRMED;
    SENTENCES ON COUNTS TWO AND
    FOUR AFFIRMED; REMANDED FOR
    RESENTENCING ON COUNT ONE
    AND FOR CORRECTION OF UCO
    22-KA-367                                13
    SUSAN M. CHEHARDY                                                               CURTIS B. PURSELL
    CHIEF JUDGE                                                                     CLERK OF COURT
    SUSAN S. BUCHHOLZ
    FREDERICKA H. WICKER
    CHIEF DEPUTY CLERK
    JUDE G. GRAVOIS
    MARC E. JOHNSON
    ROBERT A. CHAISSON                                                              LINDA M. WISEMAN
    STEPHEN J. WINDHORST
    FIRST DEPUTY CLERK
    JOHN J. MOLAISON, JR.
    CORNELIUS E. REGAN, PRO TEM                      FIFTH CIRCUIT
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    GRETNA, LOUISIANA 70054              (504) 376-1400
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    NOTICE OF JUDGMENT AND CERTIFICATE OF DELIVERY
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    IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 2-16.4 AND 2-16.5 THIS DAY
    APRIL 26, 2023 TO THE TRIAL JUDGE, CLERK OF COURT, COUNSEL OF RECORD AND ALL PARTIES NOT
    REPRESENTED BY COUNSEL, AS LISTED BELOW:
    22-KA-367
    E-NOTIFIED
    24TH JUDICIAL DISTRICT COURT (CLERK)
    HONORABLE NANCY A. MILLER (DISTRICT JUDGE)
    MONIQUE D. NOLAN (APPELLEE)            THOMAS J. BUTLER (APPELLEE)
    MAILED
    JANE L. BEEBE (APPELLANT)                 HONORABLE PAUL D. CONNICK, JR.
    ATTORNEY AT LAW                           (APPELLEE)
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Document Info

Docket Number: 22-KA-367

Judges: Nancy A. Miller

Filed Date: 4/26/2023

Precedential Status: Precedential

Modified Date: 10/21/2024