State of Louisiana Versus Jamar Williams ( 2023 )

STATE OF LOUISIANA NO. 23-KA-451
VERSUS FIFTH CIRCUIT
JAMAR WILLIAMS COURT OF APPEAL
STATE OF LOUISIANA
ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT
PARISH OF JEFFERSON, STATE OF LOUISIANA
NO. 22-4205, DIVISION "N"
HONORABLE STEPHEN D. ENRIGHT, JR., JUDGE PRESIDING
October 19, 2023
SCOTT U. SCHLEGEL
JUDGE
Panel composed of Judges Fredericka Homberg Wicker,
Jude G. Gravois, and Scott U. Schlegel
SENTENCE VACATED;
REMANDED WITH INSTRUCTIONS
SUS
FHW
JGG
SCHLEGEL, J.
Defendant/appellant, Jamar Williams, filed this appeal following his
conviction for possession of a firearm by a convicted felon, adjudication as a third
felony offender and sentencing. Based on our review of the record, we vacate
defendant’s sentence and remand this matter to the trial court to rule on
defendant’s pro se motion for new trial filed on June 19, 2023.
On October 21, 2022, defendant was charged with two counts of possession
of a firearm by a convicted felon. On May 22, 2023, a jury found defendant guilty
on Count 1 and not guilty on Count 2. Defendant’s counsel filed a motion for new
trial on May 30, 2023, which the trial court denied on June 15, 2023. On June 19,
2023, defendant filed a pro se motion for new trial including new arguments not
raised in the counseled motion for new trial.1 The transcript from the June 15,
2023 hearing does not include any reference to defendant’s pro se motion and does
not include a discussion of the new arguments raised in the motion. Also, the
record does not contain a ruling or disposition by the trial court on defendant’s pro
se motion for new trial. It is likely, though, that the trial court was not aware of the
filing of the motion for new trial as defendant failed to include an order to set the
motion for hearing.
On July 18, 2023, the trial court sentenced defendant to seven years
imprisonment at hard labor without the benefit of parole, probation, or suspension
of sentence. The State then filed a multiple offender bill on the same day and
defendant pled guilty to being a third felony offender. The trial court vacated
defendant’s original sentence and sentenced defendant pursuant to La. R.S.
15:529.1 to imprisonment at hard labor for 15 years without the benefit of parole,
probation, or suspension of sentence.
1
Our review of the official record indicates that defendant included a cover letter with his pro se motion
for new trial dated June 9, 2023, and the envelope containing the motion was postmarked June 14, 2023.
23-KA-451 1
La. C.Cr.P. art. 853 provides that a motion for a new trial must be filed and
disposed of before sentencing. The trial court erred by failing to rule on
defendant’s timely pro se motion for new trial prior to sentencing.2 In State v.
Randolph, 409 So.2d 554 (La. 1981), the Louisiana Supreme Court dealt with the
trial court’s failure to rule on a defendant's new trial motion by vacating his
sentence, remanding the case to the trial court for a ruling, and reserving the
defendant’s right to appeal his conviction and sentence in the event of an
unfavorable ruling on the motion. This Court has acted similarly when the record
contains a motion for new trial which was never ruled upon by the trial court. See
State v. Munson, 11-54 (La. App. 5 Cir. 11/15/11), 78 So.3d 290, 292; State v.
James, 18-212 (La. App. 5 Cir. 11/28/18), 259 So.3d 1255, 1256.
Therefore, we vacate defendant’s sentence and remand to the trial court for a
ruling or disposition on defendant’s pro se motion for new trial, reserving
defendant’s right to appeal his conviction, multiple offender adjudication, and
sentence in the event that the ruling on the motion is adverse to defendant.
SENTENCE VACATED; REMANDED
WITH INSTRUCTIONS
2
Such error is noticeable on the face of the record and reviewable as a patent error.
23-KA-451 2
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.
SCOTT U. SCHLEGEL FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400
(504) 376-1498 FAX
www.fifthcircuit.org
NOTICE OF JUDGMENT AND CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE OPINION IN THE BELOW-NUMBERED MATTER HAS BEEN DELIVERED
IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 2-16.4 AND 2-16.5 THIS DAY
OCTOBER 19, 2023 TO THE TRIAL JUDGE, CLERK OF COURT, COUNSEL OF RECORD AND ALL PARTIES
NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:
23-KA-451
E-NOTIFIED
24TH JUDICIAL DISTRICT COURT (CLERK)
HONORABLE STEPHEN D. ENRIGHT, JR. (DISTRICT JUDGE)
THOMAS J. BUTLER (APPELLEE)
MAILED
PRENTICE L. WHITE (APPELLANT)
ATTORNEY AT LAW
LOUISIANA APPELLATE PROJECT
16731 CICERO AVENUE
BATON ROUGE, LA 70816