State of Louisiana Versus Jhonna D. Leonard ( 2023 )


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  • STATE OF LOUISIANA                                     NO. 23-KA-103
    VERSUS                                                 FIFTH CIRCUIT
    JHONNA LEONARD                                         COURT OF APPEAL
    STATE OF LOUISIANA
    ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT
    PARISH OF JEFFERSON, STATE OF LOUISIANA
    NO. 20-6704, DIVISION "M"
    HONORABLE SHAYNA BEEVERS MORVANT, JUDGE PRESIDING
    November 08, 2023
    JUDE G. GRAVOIS
    JUDGE
    Panel composed of Judges Jude G. Gravois,
    Robert A. Chaisson, and John J. Molaison, Jr.
    AFFIRMED; REMANDED FOR CORRECTION OF THE UNIFORM
    COMMITMENT ORDER
    JGG
    RAC
    JJM
    COUNSEL FOR PLAINTIFF/APPELLEE,
    STATE OF LOUISIANA
    Honorable Paul D. Connick, Jr.
    Thomas J. Butler
    Monique D. Nolan
    Matthew Whitworth
    Brittany Beckner
    COUNSEL FOR DEFENDANT/APPELLANT,
    JHONNA D. LEONARD
    Bertha M. Hillman
    GRAVOIS, J.
    Defendant, Jhonna D. Leonard, appeals his conviction and sentence for third
    degree rape upon a known juvenile in violation of La. R.S. 14:43. On appeal, he
    argues that the trial court committed a prejudicial error when it allowed the State to
    admit his video-recorded statement to the police at trial. Finding no merit to
    defendant’s argument, we affirm his conviction and sentence and remand for
    correction of a patent error.
    PROCEDURAL HISTORY
    On December 10, 2020, the Jefferson Parish District Attorney filed a bill of
    information charging defendant, Jhonna D. Leonard, with third degree rape upon a
    known juvenile in violation of La. R.S. 14:43. Defendant pled not guilty at his
    arraignment on March 8, 2021.
    On April 7, 2021, defendant filed omnibus motions, including a motion for
    discovery of defendant’s statement. On that same date, the State and the defense
    filed a Discovery Receipt and Stipulation for Reciprocal Discovery. On June 16,
    2022, the State filed a Notice of Intent to Use Confession or Statement. Following
    a hearing on June 20, 2022, the trial court found that defendant’s video-recorded
    statement would be admissible at trial over defense objections. That same day, the
    matter proceeded to trial before a twelve-person jury, and on June 22, 2022, the
    jury unanimously found defendant guilty as charged.
    On July 14, 2022, after a victim impact statement was presented, the trial
    court sentenced defendant to twenty-two years’ imprisonment at hard labor without
    the benefit of parole, probation, or suspension of sentence. The sentencing hearing
    was held open and continued on July 20, 2022. At that hearing, the sex offender
    23-KA-103                                 1
    registration requirements were discussed, and a sex offender registration form was
    signed.1 This timely appeal followed.
    On appeal, defendant challenges the trial court’s admission of his video-
    recorded statement to the police.
    FACTS
    J.W.,2 who was seventeen years old at the time of trial, testified that in
    February of 2020, when she was fifteen years old, she lived in an apartment at 933
    East Monterey Court with her grandmother, mother, and siblings. On February 25,
    2020, after marching with her high school band in a Mardi Gras parade, J.W. was
    dropped off at home, where she was alone with defendant. She explained that
    defendant was her sister’s father who was visiting at the time. When she first came
    inside, defendant asked her if “the weed man was outside.” After asking defendant
    for a “cover” and lying on the couch, she played on her phone. Defendant then
    asked her if she had had sex. They also talked about bed bugs in the home. She
    relayed that he said, “Oh, I got bit by a bed bug, do you want to see where?” He
    then pulled out his penis, and J.W. looked away. Defendant then went outside to
    meet the “weed man,” after which he sat in a chair and smoked marijuana. J.W.
    described that subsequently defendant sat near her on the couch and began rubbing
    her legs. She pushed his hand off of her several times. Defendant then got on his
    knees, placed his hand on her vagina, and put his mouth on her vagina. She
    explained that her skirt was up and her underwear was pulled to the side.
    Defendant then held her legs open and put his penis in her. She stated that it was
    1
    At the conclusion of sentencing, the State noticed its intent to file a habitual offender
    bill of information against defendant. However, the record shows that on January 12, 2023, the
    State informed the court that it would not pursue the habitual offender bill.
    2
    The initials of the victim and any defendant or witness whose name can lead to the
    victim’s identity (i.e., parent, sibling, or relative with the same last name as the victim) are used
    pursuant to La. R.S. 46:1844(W)(3), which allows the court to protect the identity of a crime
    victim who is a minor or a victim of a sex offense by using his or her initials. State v. E.J.M., III,
    12-774, 12-732 (La. App. 5 Cir. 5/23/13), 
    119 So.3d 648
    , 652 n.1.
    23-KA-103                                         2
    painful and she started crying. She testified that she did not feel like she could
    leave or fight him. She was scared because he was a “big man.”
    After he got off of her, defendant went to the bathroom and J.W. fixed her
    clothes. She asked him, “What was that about?,” but could not recall his response.
    She testified that she lay on the couch, and her mother returned home. At the time,
    J.W. did not tell her mother about this incident with defendant because she
    believed her mother would shoot him. After calling and telling a friend about what
    happened, she told her sister, J.W.2, in the bathroom. She testified that the next
    morning, she told her mother and grandmother what had happened with defendant.
    The police were called and J.W. was taken to the hospital by ambulance and
    examined by a doctor. She stated that she met with another individual at the Child
    Advocacy Center (“CAC”) and recounted what happened.
    J.W.2, J.W.’s sister, who was fourteen years old at the time of trial, testified
    that her family attended a parade on Mardi Gras Day in February 2020. After J.W.
    finished marching in the parade, J.W. and defendant left early and were alone
    together at the family residence. When J.W.2 and her remaining family members
    returned home, J.W. dragged her into the bathroom. J.W.2 recalled that J.W. was
    crying and told her that defendant had touched her. She instructed J.W. to tell their
    mother what happened, but J.W. did not like this idea because she was afraid. She
    stated that when she and J.W. walked out of the bathroom, they found their
    grandmother and brought her back into the bathroom where they told her what had
    happened.3 She stated that the police arrived the next morning.
    F.W., the victim’s grandmother, testified that in February of 2020, she lived
    in an apartment at 933 East Monterey Court in Terrytown with her daughter, N.W.,
    and her grandchildren. During that time, F.W. allowed defendant to visit with his
    3
    It is noted, as stated above, that J.W. testified that she told her grandmother about this
    incident the next morning.
    23-KA-103                                         3
    children in the family home for a few weeks. On Mardi Gras day, she went with
    her grandchildren to a parade in which J.W. was marching as a member of her
    school’s band. When they later returned home, defendant and J.W. were already
    present. She stated that after they got home, everyone was getting “settled down
    for the night.”
    At “some point,” apparently the next day, J.W. came in her room and stated,
    “[Defendant] touched me, and I didn’t like it, and it hurted [sic].” When asked
    where J.W.’s mom was at this time, F.W. responded that she was in the kitchen
    cooking breakfast for everyone. After that conversation, F.W. instructed defendant
    to speak with her in the bathroom and she told him what he did was wrong.
    Defendant denied knowing what she was talking about. F.W. testified that she was
    upset, hurt, and crying. She then told defendant to get his stuff and leave her
    house. While bringing defendant to the bus terminal, she told him that she was
    disappointed in him, he could never come back, and he would never see his
    children again. Defendant indicated he would go to Florida. After returning to her
    residence, the police were called, and J.W.’s mother brought her to the hospital.
    She confirmed that she gave a statement to the police on February 26, 2020.
    On February 26, 2020, Deputy Rashard Boykin with the Jefferson Parish
    Sheriff’s Office (“JPSO”) responded to a call at 933 East Monterey Court
    concerning a rape. Upon his arrival, Deputy Boykin spoke with F.W. and J.W, and
    J.W. was then transported by EMS to the hospital. He then turned the case over to
    the personal violence department.
    Nicolas Sanderson, formerly a detective with the JPSO, was notified by
    Deputy Boykin regarding a third degree rape in this case. Detective Sanderson
    was informed that defendant had already left the scene, after which he spoke with
    23-KA-103                                 4
    the victim at Children’s Hospital.4 J.W. relayed to him that on the previous day,
    she and defendant were alone in the apartment, and he “performed oral sex on her
    and penetrated her vaginally with his penis.” He recalled J.W. was visibly upset
    and distraught. He stated that a rape kit was done. Detective Sanderson contacted
    the CAC so J.W. could be forensically interviewed. He remotely monitored the
    interview in a separate room. He said that J.W.’s statement at the CAC was
    consistent with what J.W. had told him.5 He further testified that he interviewed
    J.W.’s mother, grandmother, and two sisters.
    As a result of his investigation, Detective Sanderson obtained an arrest
    warrant for defendant, which went into the National Crime Information Center
    (“NCIC”) system. Defendant was arrested approximately one year later in
    Pensacola, Florida. Following his transport back to Louisiana, defendant was
    advised of his rights and provided a video-recorded statement on March 5, 2021.
    Detective Sanderson relayed that during that statement, defendant denied the
    allegations against him and claimed an individual named “Kent,” whom he
    described as a “potential boyfriend” of the victim’s mother, was responsible. The
    detective explained that the victim’s family was unable to identify such a person.
    He indicated that in defendant’s statement, he alleged that the victim saw him
    masturbating to a pornographic film and brushed up against his shoulder or arm. 6
    Detective Sanderson stated that the victim identified defendant as her rapist.
    4
    Detective Sanderson explained that items, like bedding sheets and clothing, were
    collected during the investigation.
    5
    The recorded video, admitted into evidence, was similar to J.W.’s trial testimony.
    6
    In that recorded statement, defendant waived his Miranda rights. See Miranda v.
    Arizona, 
    384 U.S. 436
    , 
    86 S.Ct. 1602
    , 
    16 L.Ed.2d 694
     (1966). He stated that his “baby momma”
    had multiple children and that “OCS” had been called multiple times. He discussed a man who
    “used to stay with the grandma” and explained that he was no longer staying with her when he
    went to visit. Defendant identified “Kent” as the “boyfriend of the grandma.” He told the
    detective that they were trying to give him someone else’s charge. Defendant explained that in
    February, around Mardi Gras, he came down to help N.W. with the children, and he stayed at the
    grandmother’s house for four or five days. He repeatedly denied raping J.W. He explained to
    the detective that while he was alone in the house, he showered, lay on the couch, and watched a
    “flick.” He confirmed that he was “cranking it.” He recalled that J.W. came home while
    everyone was still at the parade. He said that she came in the room and he brushed past her
    23-KA-103                                         5
    Detective Sanderson obtained a search warrant for a DNA sample from
    defendant and a buccal swab was subsequently collected. He confirmed that he
    requested a DNA comparison be conducted on the buccal swab taken from
    defendant and the victim’s rape kit.
    Sitara Shirwani, an expert in the field of forensic DNA analysis, provided
    that she authored a report in relation to the instant case. She analyzed the
    specimens from J.W.’s “pediatric physical evidence recovery kit” and a reference
    sample from defendant. Ms. Shirwani found the swabs taken from J.W.’s inner
    thigh, genitalia, perineum swab, and anal swab to be negative for seminal fluid and
    semen. She determined the vaginal swab from J.W. tested positive for sperm.
    With respect to the “epithelial or skin fraction” of the vaginal swab, Ms. Shirwani
    determined that the DNA profile obtained was a mixture of DNA from two
    contributors, and she could not make a conclusion regarding the contributor status
    of defendant. The DNA profile obtained from the “sperm fraction” of the vaginal
    swab was at least a hundred billion times more likely to have DNA originated from
    J.W. and defendant than from her and an unknown contributor.
    LAW AND ANALYSIS
    In his only assignment of error, defendant argues that the trial court erred in
    allowing the State to introduce defendant’s video-recorded statement to police
    since it was prejudicially disclosed beyond the discovery deadline for no good
    cause show. Defendant contends that the video of his statement was only provided
    to him four days prior to the start of trial. Although it is undisputed that the State
    did not intentionally withhold this information, he argues that it has no effect on
    when he exited the room. He then put his clothes back on. He stated that he went to Florida
    afterwards.
    It is noted that defendant identified “Kent” as the boyfriend of the victim’s grandmother
    in his statement, but the detective testified at trial that “Kent” was the boyfriend of the victim’s
    mother.
    23-KA-103                                         6
    the “prejudicial effect of the late disclosure.” Defendant claims that the recorded
    statement was highly prejudicial because he admitted to knowing and staying with
    the victim’s grandmother when the rape occurred. He asserts that because
    defendant suggested in his recorded statement that someone else may have raped
    the victim, the jury was “left to wonder why he did not call” that individual to
    testify. Defendant concludes that the trial court should have excluded the recorded
    statement or granted a continuance to allow the defense to locate and subpoena the
    witness.
    In the present case, on April 7, 2021, defendant filed omnibus motions,
    which included a motion for discovery of defendant’s statement. On that same
    date, the State and the defense filed a Discovery Receipt and Stipulation for
    Reciprocal Discovery. On June 16, 2022, the State filed a Notice of Intent to Use
    Confession or Statement pursuant to La. C.Cr.P. art. 767 and La. C.Cr.P. art. 768.
    Specifically, the State sought to introduce the following: 1) any and all statements
    made by defendant to the victim/witnesses on or about February 25, 2020,
    regarding JPSO item no. B-20814-20 and provided to defense counsel in open file
    discovery; and 2) any and all statements made by defendant to officers on or about
    February 24, 2021, regarding JPSO item no. B-20814-20 and provided to defense
    counsel in open file discovery.
    On June 20, 2022, prior to the start of trial, the State informed the court that
    defense counsel previously waived motions. The State explained that the week
    before the hearing, the State learned of its intention to introduce defendant’s
    statement. The State called Detective Sanderson to the stand. He testified that
    prior to speaking with defendant, he advised defendant of his Miranda rights
    utilizing a standard JPSO waiver of rights form. He asserted that he neither offered
    defendant anything in exchange for making a statement, nor forced or coerced
    defendant in any way to make a statement.
    23-KA-103                                 7
    Following the detective’s testimony, defendant indicated that he did not seek
    to exclude the statement on constitutional grounds. He asserted that after the
    State’s discovery of the statement, he was informed of its existence “late last
    week.” He requested that the court prohibit the prosecution from using the
    statement at trial pursuant to La. C.Cr.P. art. 729.5.
    In response, the State explained that it was unaware of the statement made
    by defendant to Detective Sanderson, as well as the corresponding police report
    and waiver of rights form, because the statement occurred a year after the incident
    occurred. The State further explained that the “screener and/or trial attorney” was
    not alerted when the detective uploaded the statement and police report into the
    system called “VeriPic.” Rather, the State became aware of the statement when
    the physical disc of the recorded statement “came up in evidence.” The State
    maintained there was not a reference in the State’s file or documentation of the
    statement’s existence. On Wednesday of the previous week, the State alerted
    defense counsel of this statement and provided it to him.7 The State also confirmed
    the statement was an hour in length. The State claimed that defendant’s statement
    was not inculpatory in that he did not admit he committed the offense with which
    he was charged. The State acknowledged that it was inculpatory to the extent that
    defendant admitted he knew the victim and was present at the scene of the crime in
    the time frame alleged.
    Afterwards, the trial judge stated the following:
    The Court having heard the testimony and the argument believes this
    actually goes to the heart of Brady and also Code of Criminal
    Procedure Article 729.3. There is a continuing duty to disclose upon
    learning of it Wednesday, so that was five days ago the State
    immediately disclosed that this existed. In accordance with 729.5,
    they are to comply sanctions. The Court has options to—“It may
    order a party to permit the discovery or inspection. It may grant a
    7
    The prosecutor concluded that as an officer of the court, he in good faith did “attempt to
    remedy the situation as quickly as I could, and I have no one to blame but myself for not having
    known about it, but there was no reason for me to know about it under the way the system is set
    up.”
    23-KA-103                                       8
    continuance, or it may order a mistrial on the motion of the
    Defendant, or it may prohibit the party from introducing into evidence
    a subject matter not disclosed or enter such other order other than
    dismissal as may be appropriate.”
    The Court finds that considering that this entire video is less than one
    hour and there was a two-page report, there is no prejudice. There is
    ample time to review a one hour video or less and to proceed today.
    For that reason, the Court does not believe a sanction is appropriate.
    Again, it was not as though we got to trial this morning, and it was
    disclosed. It was a statement that the Court does find is appropriate
    for introduction based on officer’s testimony and the reasons given by
    the State.
    The court noted the defense’s objection. Thereafter, during Detective
    Sanderson’s trial testimony, defendant’s statement and a redacted recording were
    admitted into evidence.
    Under La. C.Cr.P. art. 716(C), upon motion of the defendant, the court shall
    require the State to inform the defendant of the substance of any oral statement
    made by the defendant or any codefendant which the State intends to offer in its
    case in chief at trial, whether before or after arrest, in response to interrogation by
    any person then known to the defendant or the codefendant to be a law
    enforcement officer.
    The State is under a continuing obligation to promptly disclose additional
    evidence that may be discovered or that it decides to use as evidence at trial. See
    La. C.Cr.P. art. 729.3.8 In the event that the State does not timely disclose
    evidence, La. C.Cr.P. art. 729.5(A) provides that the trial judge “may order such
    party to permit the discovery or inspection, grant a continuance, order a mistrial on
    motion of the defendant, prohibit the party from introducing into evidence the
    8
    La. C.Cr.P. art. 729.3 provides:
    If, subsequent to compliance with an order issued pursuant to this Chapter and
    prior to or during trial, a party discovers additional evidence or decides to use
    additional evidence and such evidence is or may be, subject to discovery or
    inspection under the order issued, he shall promptly notify the other party and the
    court of the existence of the additional evidence, so that the court may modify its
    previous order or allow the other party to make an appropriate motion for
    additional discovery or inspection.
    23-KA-103                                      9
    subject matter not disclosed, or enter such other order, other than dismissal, as may
    be appropriate.” It is within the trial court’s discretion to choose an appropriate
    remedy for a discovery violation that will offset any possible prejudice. State v.
    Williams, 12-305 (La. App. 5 Cir. 5/16/13), 
    119 So.3d 131
    , 145, writ denied, 13-
    1338 (La. 12/6/13), 
    129 So.3d 529
     (citing State v. Chaplain, 03-338 (La. App. 5
    Cir. 7/29/03), 
    852 So.2d 1088
    , 1089).
    The Louisiana Supreme Court has previously held that discovery rules are
    intended to eliminate unwarranted prejudice arising from surprise testimony to
    permit the defense to meet the State’s case and to allow proper assessment of the
    strength of its evidence in preparing a defense. State v. Bradstreet, 16-80 (La.
    App. 5 Cir. 6/30/16), 
    196 So.3d 876
    , 892, writ denied, 16-1567 (La. 6/5/17), 
    220 So.3d 752
    . The State’s failure to comply with discovery procedures does not
    automatically require reversal. The appellate court must examine the
    circumstances of the case to determine whether the defendant was prejudiced and
    whether any prejudice resulting from the State’s non-compliance with discovery
    procedure caused the trier of fact to reach the wrong conclusion. Williams, supra.
    A conviction is only reversible when the defendant is prejudiced as a result of the
    discovery violation. State v. Lestrick, 13-289 (La. App. 5 Cir. 10/09/13), 
    128 So.3d 421
    , 431, writ denied, 13-2643 (La. 4/25/14), 
    138 So.3d 643
    .
    Upon review, in light of the following, we find that the trial court did not err
    by admitting the video-recorded statement in question into evidence at trial.
    In State v. Fisher, 
    380 So.2d 1340
     (La. 1980), on the day of trial, the district
    attorney informed the defendant of a prior statement made to a police officer. The
    Louisiana Supreme Court determined that the State complied with discovery
    because notice was given immediately upon coming into possession of it. The
    court held that it was convinced from the evidence that the district attorney was in
    good faith and had no knowledge of the statement prior to the time it was fully
    23-KA-103                                 10
    disclosed to the defendant. The court indicated that the disclosure of the statement
    was made prior to the opening statements. Under these circumstances, the court
    considered that the State substantially complied with La. C.Cr.P. arts. 716(C) and
    729.3. Id. at 1343-45.
    In State v. Johnson, 
    380 So.2d 32
    , 33 (La. 1980), the defendant argued that
    the trial court erred in overruling his objection to the introduction of an inculpatory
    statement into evidence, which was made by him to an officer at the time of his
    arrest, on the ground that the State did not inform him of the statement in its
    answer to his motion for discovery and erred in refusing to order a mistrial on the
    same ground. 
    Id.
     The Louisiana Supreme Court held that it was satisfied that the
    assistant district attorney was in good faith and had no knowledge of the statement
    prior to Friday, March 30, 1979. The disclosure of the statement was made that
    same day, and though the defendant did not actually receive it until Monday, April
    2, 1979, the defendant had actual notice two days before commencement of the
    trial. The court pointed out that the defendant did not seek a continuance as a
    result of not receiving notice of the statement earlier. Under the circumstances, the
    court found that the State substantially complied with La. C.Cr.P. arts. 716(C) and
    729.3. Thus, the court concluded that the trial judge did not abuse his discretion in
    overruling the defendant’s objection to the introduction of the statement in
    evidence or in failing to order a mistrial. Id. at 33-34.
    In the present case, defendant was given notice of the statement five days
    before the start of trial. As the State only became aware of the statement days
    before trial, it could not have given notice of the same to defendant any earlier.
    Defendant does not dispute that the State gave notice of the statement promptly
    upon its discovery or that the State acted in good faith. Under these circumstances,
    like in Fisher, supra, and Johnson, supra, we find that the State substantially
    complied with La. C.Cr.P. arts. 716(C) and 729.3. Additionally, had defendant
    23-KA-103                                  11
    needed more time to prepare a defense based on the discovery of the statement, he
    could have requested a continuance, which he did not. See State v. Humbles, 14-
    643 (La. App. 5 Cir. 3/11/15), 
    169 So.3d 547
    , 557, writ denied, 15-725 (La.
    3/24/16) 
    190 So.3d 1195
    .
    Additionally, defendant has not demonstrated that he was prejudiced by the
    fact that he did not receive the recorded statement until five days before trial. At
    the hearing, defendant generally argued that the statement should be excluded due
    to the untimely disclosure and did not assert any specific prejudice he suffered
    from the timing of the notice. Now, on appeal, defendant asserts that he was
    prejudiced because he did not have time to locate and secure a witness, “Kent,”
    whom he suggested in his statement raped the victim.
    As pointed out by the State, since defendant waived his rights and agreed to
    give a recorded statement to the detective, defendant arguably knew the statement
    existed and knew the substance of the statement prior to trial. The defense was
    also given notice of the recorded statement by the State five days before trial. As
    such, defendant was not “surprised” by the recorded statement or lulled into a
    misapprehension of the State’s case by actions of the State. Additionally, as
    previously mentioned, defendant did not seek a continuance as a result of not
    receiving earlier notice of the statement. Further, the information included in the
    statement, concerning defendant’s admission that he knew the victim and was
    present at the residence at the time of the incident, was corroborated by the State’s
    witnesses, including the victim, her sister, and her grandmother. We find that
    defendant has not shown how the introduction of the evidence in question—the
    video-recorded statement—caused the trier of fact to reach the wrong conclusion.
    Based on the foregoing, we find that defendant has not presented proof of any
    prejudice suffered as a result of the trial court’s admission of the video-recorded
    statement at trial. This assignment of error is without merit.
    23-KA-103                                 12
    ERRORS PATENT REVIEW
    The record was reviewed 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. 5 Cir. 1990).
    The State of Louisiana Uniform Commitment Order (“UCO”)9 fails to
    include as a “Sentence Condition” pre-printed on the form that defendant shall
    comply with the sex offender registration statute under the provisions of La.
    C.Cr.P. art. 895 and La. R.S. 15:541, et seq. The UCO specifically contains an
    unchecked box next to a statement that defendant shall comply with these
    requirements. The record reflects that the trial court informed defendant that he
    was required to comply with the sex offender notification/registration
    requirements, and a written copy thereof is included in the record. The advisal is
    also included in the sentencing minute entry. To ensure accuracy in the record, we
    remand this matter for the trial court to correct the UCO to reflect that defendant
    shall comply with the sex offender registration statute. We further 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. 892(B)(2) and the
    Department of Corrections’ legal department.
    DECREE
    For the reasons assigned above, defendant’s conviction and sentence are
    affirmed and this matter is remanded for correction of the UCO as set forth above.
    AFFIRMED; REMANDED FOR
    CORRECTION OF THE UNIFORM
    COMMITMENT ORDER
    9
    A June 25, 2022 Nunc Pro Tunc minute entry corrects the original June 14, 2022
    sentencing minute entry with respect to the sentencing being held open and a status hearing set
    on the habitual bill. The record contains multiple UCOs dated June 25, 2022, two of which are
    stamped as “Denied.” The UCO dated June 25, 2022, which was not stamped as denied, is used
    for purposes of this errors patent review.
    23-KA-103                                      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.
    SCOTT U. SCHLEGEL                            FIFTH CIRCUIT
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    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
    NOVEMBER 8, 2023 TO THE TRIAL JUDGE, CLERK OF COURT, COUNSEL OF RECORD AND ALL PARTIES
    NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:
    23-KA-103
    E-NOTIFIED
    24TH JUDICIAL DISTRICT COURT (CLERK)
    HONORABLE SHAYNA BEEVERS MORVANT (DISTRICT JUDGE)
    MONIQUE D. NOLAN (APPELLEE)          THOMAS J. BUTLER (APPELLEE)       BERTHA M. HILLMAN (APPELLANT)
    MAILED
    BRITTANY BECKNER (APPELLEE)
    HONORABLE PAUL D. CONNICK, JR.
    (APPELLEE)
    MATTHEW WHITWORTH (APPELLEE)
    ASSISTANT DISTRICT ATTORNEYS
    TWENTY-FOURTH JUDICIAL DISTRICT
    200 DERBIGNY STREET
    GRETNA, LA 70053
    

Document Info

Docket Number: 23-KA-103

Judges: Shayna Beevers Morvant

Filed Date: 11/8/2023

Precedential Status: Precedential

Modified Date: 10/21/2024