State of Louisiana Versus Brennan A. Harris ( 2023 )


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  • STATE OF LOUISIANA                                   NO. 23-KA-233
    VERSUS                                               FIFTH CIRCUIT
    BRENNAN A. HARRIS                                    COURT OF APPEAL
    STATE OF LOUISIANA
    ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT
    PARISH OF JEFFERSON, STATE OF LOUISIANA
    NO. 19-6018, DIVISION "F"
    HONORABLE MICHAEL P. MENTZ, JUDGE PRESIDING
    December 27, 2023
    FREDERICKA HOMBERG WICKER
    JUDGE
    Panel composed of Judges Fredericka Homberg Wicker,
    Marc E. Johnson, and Scott U. Schlegel
    CONVICTIONS AFFIRMED; SENTENCES ON COUNTS TWO,
    THREE, AND FOUR AFFIRMED; SENTENCE ON COUNT ONE
    AFFIRMED, AS AMENDED
    FHW
    MEJ
    SUS
    COUNSEL FOR PLAINTIFF/APPELLEE,
    STATE OF LOUISIANA
    Honorable Paul D. Connick, Jr.
    Thomas J. Butler
    Andrea F. Long
    Douglas E. Rushton, Jr.
    COUNSEL FOR DEFENDANT/APPELLANT,
    BRENNAN HARRIS
    Kevin V. Boshea
    WICKER, J.
    Defendant, Brennan Harris, seeks review of the trial court’s denial of his
    motion to withdraw his guilty pleas in connection with his convictions for
    manslaughter, obstruction of justice, and possession of a firearm by a convicted
    felon. For the following reasons, we find that the trial judge did not abuse his
    discretion in denying defendant’s motion, and we affirm defendant’s convictions.
    Upon an errors patent review, we find defendant’s sentence for manslaughter is
    illegally harsh and we amend that sentence to remove the restriction on benefits.
    In all other respects, we affirm defendant’s sentences.
    STATEMENT OF THE CASE
    On December 19, 2019, a Jefferson Parish Grand Jury indicted defendant,
    Brennan A. Harris, with second degree murder in violation of La. R.S. 14:30.1
    (count one), obstruction of justice in violation of La. R.S. 14:130.1 (counts two and
    three), and possession of a firearm by a convicted felon in violation of La. R.S.
    14:95.1 (count four). Defendant was arraigned on December 23, 2019, and pled not
    guilty to all charges.
    The matter was set for trial on August 15, 2022. On that date, the State
    amended the indictment only as to count one to reduce the second degree murder
    charge and to charge defendant with manslaughter in violation of La. R.S. 14:31.
    Immediately thereafter, defendant withdrew his pleas of not guilty and pled guilty
    to the amended manslaughter charge (count one), the obstruction of justice charges
    (counts two and three), and the possession of a firearm by a convicted felon charge
    (count four).1
    The following day, August 16, 2022, defendant appeared in court for
    sentencing and made an oral motion to withdraw his guilty pleas, which the trial
    1
    Pursuant to the plea agreement, the State agreed not to file a multiple offender bill against defendant and
    further agreed to enter a “null proseque” in two unrelated trial court cases, Case Nos. 20-1765 and 22-
    0909.
    23-KA-233                                            1
    court denied. After a conference in chambers, the trial court withdrew its ruling
    and ordered the matter set for a contradictory hearing.
    On October 13, 2022, defendant filed a written motion to withdraw his
    guilty pleas. The court ordered the State to show cause why defendant’s motion
    should not be granted at a contradictory hearing on December 15, 2022. The
    hearing was continued on December 15, 2022, and again on January 19, 2023. On
    February 1, 2023, the court held a contradictory hearing on defendant’s motion to
    withdraw his guilty pleas and denied defendant’s motion.
    On that same date, the trial court sentenced defendant to twenty years
    imprisonment at hard labor without the benefit of probation or suspension of
    sentence on his manslaughter conviction (count one) and to fifteen years
    imprisonment at hard labor without the benefit of parole, probation, or suspension
    of sentence on his possession of a firearm by a convicted felon conviction (count
    four). As to his obstruction of justice convictions (counts two and three), the trial
    court ordered, “ten years at hard labor in Department of Corrections[.]”2 The court
    ordered that all sentences run concurrently. This timely appeal followed.
    FACTS
    Because defendant pleaded guilty, the facts surrounding his convictions
    were not fully developed at trial. However, the amended indictment alleges that
    defendant violated La. R.S. 14:31 in that he did commit the manslaughter of victim
    Cornell Hampton (count one); obstruct justice by tampering with evidence, to wit:
    the intentional alteration, movement, removal, or addition to the rear bumper of a
    2017 Chevrolet Impala Premier vehicle used during the commission of the
    homicide and the removal of a 9 mm handgun from the scene of the homicide; and
    have in his possession a firearm, having been previously convicted of the crime of
    2
    See errors patent discussion.
    23-KA-233                                    2
    possession of cocaine, in violation of 40:967(C), under case number 14-3013,
    Division “J” in the 24th Judicial District Court.
    DISCUSSION
    On appeal, defendant argues that the trial judge abused his discretion in
    denying the motion to withdraw his guilty pleas. Defendant asserts that he did not
    have the opportunity to discuss the plea offer with his family prior to accepting the
    plea offer and that, upon reconsideration, he does not feel comfortable accepting a
    guilty plea for a crime he did not commit. Defendant argues that the motion to
    withdraw his pleas, filed prior to sentencing, should have been granted because his
    decision to plead guilty was a “spur of the moment thing” that he agreed to “right
    before we were about to start picking a jury” on the day of trial.
    The record reflects that, on August 15, 2015, defendant and the State entered
    into a plea agreement. On that date, the trial judge entered into a colloquy with
    defendant wherein he explained on the record that, pursuant to the plea agreement,
    the State would agree to reduce defendant’s second degree murder charge to a
    manslaughter charge, and to dismiss two pending unrelated criminal cases against
    defendant. Moreover, pursuant to the plea agreement, the State would agree not to
    file a multiple offender bill against defendant. The transcript of the Boykin3
    colloquy with defendant reflects that defendant understood that he was pleading
    guilty to one count of manslaughter, two counts of obstruction of justice, and one
    count of possession of a firearm by a felon. The transcript further reflects that the
    trial court advised defendant of the sentences he would receive for each conviction
    and that defendant acknowledged and understood that he would be sentenced to
    twenty years imprisonment for his manslaughter conviction, ten years
    imprisonment for each obstruction of justice conviction, and fifteen years
    3
    Boykin v. Alabama, 
    395 U.S. 238
    , 
    89 S.Ct. 1709
    , 
    23 L.Ed.2d 274
     (1969).
    23-KA-233                                           3
    imprisonment without benefit of parole, probation, or suspension of sentence for
    his felon in possession of a firearm conviction.
    During the guilty plea proceeding, the State recited a factual basis for the
    plea as follows:
    If the State proceeded to trial it would have proven beyond a
    reasonable doubt that on or about the 10th day of September 2019, the
    defendant Brennan Harris violated Louisiana Revised Statute 14:31
    relative to the manslaughter of Cornell Hampton. Also on that same
    day violated Louisiana Revised Statute 14:130.1 for obstruction of
    justice, two counts as well as removing firearm and a tampering with
    a vehicle and also under 14:95.1, on that same date, possessed a
    firearm and having a prior conviction for possession of cocaine from
    2014 from the 24th Judicial District Court Division J. All these
    offenses occurred in the Parish of Jefferson.
    After the State recited the factual basis, defense counsel stated, “Stipulated.”
    The Court immediately questioned defendant, “Is that correct, Mr. Harris?” to
    which defendant responded, “Yes, sir.”
    During the Boykin colloquy with defendant, the trial judge verbally advised
    defendant of his right to trial by jury, to cross-examine the State’s witnesses, of his
    privilege against self-incrimination, and of the consequences of waiving those
    rights by pleading guilty. The trial judge further questioned defendant as to
    whether he had been threatened or coerced into entering into the plea and if he had
    been satisfied with his attorney’s representation in the case. The defendant verbally
    acknowledged his understanding of those rights and consequences. On the written
    waiver of rights form, defendant further placed his initials next to each individual
    written advisal of his rights, including his right to jury trial, his right to
    confrontation, and his privilege against self-incrimination, as required by Boykin,
    and placed his signature at the end of the form indicating that he understood that he
    was waiving these rights. Defendant verbally acknowledged at the guilty plea
    hearing that his retained counsel, who also signed the form, had reviewed and
    explained the waiver of rights form to him and that he understood the
    23-KA-233                                    4
    consequences of pleading guilty. The guilty plea form also stated the anticipated
    sentences and the record reflects that defendant was sentenced in accordance with
    the sentences stated on the guilty plea form.
    On August 16, 2016, the following day, defendant appeared for sentencing.
    At the August 16, 2016 hearing, defendant orally moved for a motion to withdraw
    his guilty pleas. Prior to sentencing, defendant made the following statement to the
    Court:
    I made a decision on yesterday about taken the time, but I talked about
    [sic] my family and they felt like that was a bad decision. And I feel
    like it was a bad decision because I'm taking time on a crime that I didn't
    commit. And I feel like this is an injustice to me and the family, because
    I don't want these people to believe, I was the one that killed the love,
    and I took the time because I was scared of the sentence that I could
    possibly get if I'm found guilty, but I talked to my wife and you know
    it was a split. I made a decision on my own without talking to them.
    And they don't think it was a good idea. And I don't think it was a good
    idea neither. And I was wondering if I could take it back resume going
    on with the trial.
    The trial court construed defendant’s statement as a motion to withdraw his
    guilty pleas and set the matter for a contradictory hearing.4 After multiple
    continuances, the trial court conducted a contradictory hearing on February 1,
    2023. At the hearing, defense counsel argued that La. C.Cr.P. art. 5595 permits a
    defendant to withdraw a guilty plea at any time before sentencing. Defendant
    acknowledged that he voluntarily entered into the plea but informed the court that
    his decision to plead guilty was a “spur of the moment thing” that he agreed to
    immediately prior to the beginning of trial because he was “scared” of the life
    sentence he faced. At the February 1, 2023 hearing, defendant stated to the Court:
    I did accept the time at the time though, and after talking to my
    family and speaking on it I decided that if it was possible I didn’t want
    4
    The trial court further ordered that the public defender’s office represent defendant to determine if a
    conflict existed with defendant’s retained counsel, who represented defendant at the time of the guilty
    plea proceeding. After a contradictory hearing, the trial court determined that no conflict existed and
    permitted defendant’s retained counsel to represent defendant at the hearing on defendant’s motion to
    withdraw his guilty pleas.
    5
    La. C.Cr.P. art. 559 states: Upon motion of the defendant and after a contradictory hearing, which may
    be waived by the state in writing, the court may permit a plea of guilty to be withdrawn at any time before
    sentence.
    23-KA-233                                            5
    to accept the time because I felt like it was an injustice to me and the
    victim’s family to plea, agree to something I didn’t do. So that was
    really the basis of my decision.
    After considering counsel’s arguments and defendant’s statements, the trial
    judge denied defendant’s motion to withdraw his guilty pleas.6 On appeal,
    defendant assigns as error only the trial judge’s denial of his motion to withdraw
    his guilty pleas, asserting that the trial judge abused his discretion in denying the
    motion.
    Pursuant to La. C.Cr.P. art. 559, a trial court may allow a guilty plea to be
    withdrawn at any time prior to sentencing. A trial court’s ruling on the matter is
    subject to reversal only if the court abuses its discretion or is arbitrary. State v.
    Raines, 00-1940 (La. App. 5 Cir. 5/30/01), 
    788 So.2d 627
    , 628, citing State v.
    Curtis, 28,309 (La. App. 2 Cir. 8/21/96), 
    679 So.2d 512
    , 513-14, writ denied, 96-
    2322 (La. 2/7/97), 
    688 So.2d 496
    . Generally, a denial of a motion to withdraw a
    guilty plea will not be reversed on appeal if the record clearly shows the defendant
    was informed of his rights and the consequences of his plea, and that the plea was
    entered into voluntarily. 
    Id.,
     citing State v. Guzman, 95-444 (La. App. 5 Cir.
    11/15/95), 
    665 So.2d 512
    , writ denied, 95-2853 (La. 2/28/96), 
    668 So.2d 366
    .
    The Louisiana Supreme Court recently considered the denial of a pre-
    sentence motion to withdraw a guilty plea and stated:
    Code of Criminal Procedure Article 559(A) provides that a “[u]pon
    motion of the defendant and after a contradictory hearing, which may
    be waived by the state in writing, the court may permit a plea of guilty
    to be withdrawn at any time before sentence.” The comments to that
    article explain that the discretion to permit a plea of guilty to be
    withdrawn before sentence cannot be arbitrarily exercised, and a trial
    court’s improper refusal to permit a change of plea is reversible error.
    La. C.Cr.P. art. 559, Official Revision Comment 1966. The comment
    also notes that “[t]he defendant should be permitted to withdraw the
    plea when induced to make it through ignorance, fraud, or
    intimidation.” 
    Id.,
     citing Orfield, Criminal Procedure from Arrest to
    Appeal 301 (1947).
    6
    After the trial court denied defendant’s motion to withdraw his guilty pleas, the trial judge sentenced
    defendant in accordance with the pleas on the same date.
    23-KA-233                                            6
    *            *             *
    We also note that there is no support in the jurisprudence for a
    reviewing court to treat the denial of a pre-sentence motion to withdraw
    an unconditional guilty plea significantly differently from one denied
    after sentencing. Instead, “appellate review [is] confined to the question
    of whether the plea was voluntarily and intelligently entered, or should
    have been permitted to be withdrawn as involuntarily and unknowingly
    made[.]” State v. Johnson, 19-02004 (La. 12/1/20), 
    314 So.3d 806
    , 808-
    09.
    State v. Clues-Alexander, 21-00831 (La. 5/13/22), 
    345 So.3d 983
    , 985,
    reh’g denied, 21-00831 (La. 6/28/22), 
    347 So.3d 886
    , and cert. denied,
    
    143 S.Ct. 461
    , 
    214 L.Ed.2d 262
     (2022).
    At the hearing on his motion to withdraw his guilty pleas, defendant claimed
    that, at the advice of counsel, he hastily made the decision to plead guilty without
    having consulted his family and that he only entered into the plea because he was
    “scared of the sentence that [he] could possibly get if [] found guilty.” The
    Louisiana Supreme Court has stated that: “For a defendant, a guilty plea often
    involves a choice between undesirable alternatives. The fact that neither road
    offers the prospect of a pleasant journey does not render the plea involuntary as a
    matter of law.” State v. Beatty, 
    391 So. 2d 828
    , 830 (La. 1980). This “difficulty of
    choice is exactly why counsel’s role at the guilty plea is absolutely critical in
    assuring that the defendant is able to weigh his options intelligently.” Id. at 831.
    A review of the record reflects that defendant was aware that he was
    pleading guilty to one count of manslaughter, two counts of obstruction of justice,
    and one count of possession of a firearm by a convicted felon. He was advised of
    his rights, and the consequences of waiving those rights, by both the trial judge
    verbally during the Boykin colloquy and through the written waiver of rights form
    he initialed and signed. During the colloquy, the trial court advised defendant of
    the sentences he would receive for each conviction: as to the amended
    manslaughter charge (count one), a sentence of twenty years at hard labor; as to the
    obstruction of justice charges (counts two and three), a sentence of ten years; and
    23-KA-233                                   7
    as to the possession of a firearm by a convicted felon charge (count four), a
    sentence of fifteen years without the benefit of probation, parole, or suspension of
    sentence.
    The record further reflects the benefits received by defendant as a result of
    the pleas—including the dismissal of two separate pending criminal cases, the
    amendment of his second degree murder charge to a manslaughter charge, and the
    State’s agreement not to file a multiple offender bill against defendant. There is no
    evidence in the record to demonstrate that defendant was forced, coerced, or
    threatened to enter into the pleas or that he had been induced into the pleas through
    ignorance, fraud, or intimidation. Conversely, the record supports the trial court’s
    conclusion that the guilty plea was knowing and voluntary, and entered into with
    the advice of counsel. Upon review of the record before us, we find that the trial
    judge did not abuse his discretion in denying defendant’s motion to withdraw his
    guilty pleas. This assignment of error is without merit.
    ERRORS PATENT DISCUSSION
    This Court routinely reviews an appellate record for errors patent in
    accordance with 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), regardless of
    whether a defendant requests an errors patent review. Upon review, the following
    errors patent require corrective action.
    Illegally Harsh Sentence as to Count One
    First, the trial court sentenced defendant for his manslaughter conviction to
    twenty years imprisonment without benefit of probation or suspension of sentence.
    However, although a twenty-year term of imprisonment is within the statutory
    range, La. R.S. 14:31 does not provide for a restriction of benefits.
    When a sentencing error involves the imposition of restrictions beyond what
    the legislature has authorized in the sentencing statute, the Louisiana Supreme
    23-KA-233                                  8
    Court has ruled that the appellate courts “should not rely on La. R.S. 15:301.1(A)
    to correct the error as a matter of law but should correct the sentence on its own
    authority under La. C.Cr.P. art. 882 to correct an illegal sentence ‘at any time.’”
    State v. Sanders, 04-17 (La. 5/14/04), 
    876 So.2d 42
     (per curiam). Accordingly,
    under La. C.Cr.P. art. 882, we amend defendant’s sentence to remove the
    restriction on benefits for his manslaughter conviction (count one). We further
    order the Clerk of Court for the 24th Judicial District Court to transmit notice of
    this amended sentence to the appropriate authorities pursuant to La. C.Cr.P. art.
    892(B)(2) and the Department of Corrections’ legal department. See State v.
    Brown, 17-346 (La. App. 5 Cir. 12/13/17), 
    234 So.3d 1134
    , 1137.
    Sentencing Error on Obstruction of Justice Convictions
    The transcript reflects that, at the guilty plea proceeding and on the waiver
    of rights form, defendant was advised that he would receive ten years at hard labor
    for each obstruction of justice conviction (counts two and three). However, the
    sentencing transcript reflects that the trial judge sentenced defendant as follows:
    “On the obstruction of justice it will be ten years at hard labor in Department of
    Corrections.” Therefore, it appears that the trial judge failed to impose a separate
    sentence for each obstruction of justice conviction.
    Ordinarily, the trial court must impose a separate sentence for each count on
    which a defendant is convicted. State v. Collins, 04-751 (La. App. 5 Cir. 11/30/04),
    
    890 So.2d 616
    , 620. While the trial court’s failure to impose a sentence for each
    count is considered a patent sentencing error, an exception exists to the general
    rule: when the sentences for a conviction on each count would more appropriately
    be concurrent rather than consecutive, and the term for the imprisonment is
    reasonable under the circumstances, the single sentence will not affect the
    substantial rights of the defendant, and remand for clarification or resentencing is
    23-KA-233                                  9
    not necessary. State v. Garcie, 17-609 (La. App. 5 Cir. 4/11/18), 
    242 So.3d 1279
    ,
    citing State v. Hebert, 02-1252 (La. App. 5 Cir. 4/8/03), 
    846 So.2d 60
    , 66.
    La. C.Cr.P. art. 883 provides that sentences for two or more convictions
    “based on the same act or transaction, or constituting parts of a common scheme or
    plan,” shall be served concurrently, unless the court expressly directs that some or
    all be served consecutively. In this case, the trial court failed to impose a separate
    sentence for each obstruction of justice conviction. Nevertheless, we find
    remanding for clarification unnecessary in this case.
    The amended bill of information reflects that the first obstruction of justice
    charge (count two) alleges that defendant obstructed justice in the “intentional
    alteration, movement, removal, or addition to the rear bumper of a 2017 Chevrolet
    Impala Premier vehicle used during the commission of the homicide of Cornell
    Hampton.” The second obstruction of justice charge (count three) alleges that, on
    September 10, 2019—the date of the victim’s manslaughter as stated in count
    one—defendant obstructed justice by the “movement/removal of a 9 mm handgun
    from the scene relative to the homicide of Cornell Hampton.” We find the two
    obstruction of justice charges are parts of a common scheme or plan surrounding
    the manslaughter of the victim in this case and, thus, the sentences on each
    obstruction of justice conviction would be more appropriately served concurrently.
    Further, the trial court ordered that all of defendant’s sentences be served
    concurrently pursuant to the plea agreement. Thus, we find that a remand for
    clarification of sentences is unnecessary in this case. See Garcie, 
    supra.
    Illegally Lenient Sentence as to Count Four
    The record reflects that defendant received an illegally lenient sentence as to
    his possession of a firearm by a convicted felon conviction. La. R.S. 14:95.1
    provides that any defendant convicted for possession of a firearm by a convicted
    felon shall be “fined not less than one thousand dollars nor more than five
    23-KA-233                                 10
    thousand dollars.” La. R.S. 14:95.1. Although the trial judge referenced a fine
    “mandated by the statute” during the guilty plea colloquy, the sentencing
    transcript, sentencing minute entry, and the Uniform Commitment Order do not
    reflect the imposition of any fine in connection with defendant’s conviction for
    possession of a firearm by a convicted felon.
    Appellate courts have the authority to correct an illegally-lenient sentence at
    any time, even if the defendant has entered into a plea bargain and is negatively
    affected by the correction. State v. Campbell, 08-1226 (La. App. 5 Cir. 5/26/09),
    
    15 So.3d 1076
    , 1081, writ denied, 09-1385 (La. 2/12/10), 
    27 So.3d 842
    . This
    Court has used that authority to remand a matter to the trial court for imposition of
    a mandatory fine. However, this authority is permissive rather than mandatory.
    The record reflects that, at the August 15, 2022 guilty plea proceeding, the
    trial judge referenced a mandatory fine, but failed to impose that fine during the
    February 2, 2023 sentencing. We point out that the waiver of rights form executed
    in connection with the guilty plea does not reference any mandatory fine.
    Moreover, the record reflects that the State did not object at sentencing to the trial
    court’s failure to impose the mandatory fine under La. R.S. 14:95.1. Under the
    facts of this case, we decline to amend defendant’s sentence to impose the
    mandatory fine under La. R.S. 14:95.1. See State v. Shaw, 12-686 (La. App. 5 Cir.
    1/16/13), 
    108 So.3d 1189
    , 1198.
    Post-Conviction Advisal
    The sentencing transcript reflects that the trial court failed to advise
    defendant of the provisions of La. C.Cr.P. art. 930.8, which states in pertinent part,
    “[n]o application for post-conviction relief, including applications which seek an
    out-of-time appeal, shall be considered if it is filed more than two years after the
    judgment of conviction and sentence has become final under the provisions of
    Article 914 or 922.” If a trial court fails to advise, or provides an incomplete
    23-KA-233                                 11
    advisal, pursuant to La. C.Cr.P. art. 930.8, the appellate court may correct this error
    by informing the defendant of the applicable prescriptive period for post-
    conviction relief by means of its opinion. State v. Mouton, 22-444 (La. App. 5 Cir.
    12/29/22), 
    358 So.3d 106
    , 122-23. Therefore, we hereby advise defendant that no
    application for post-conviction relief, including applications that seek an out-of-
    time appeal, shall be considered if it is filed more than two years after the
    judgment of conviction and sentence has become final under the provisions of La.
    C.Cr.P. arts. 914 or 922. See State v. Wall, 21-716 (La. App. 5 Cir. 12/7/22), 
    362 So.3d 847
    , 855, writ not considered, 23-00375 (La. 8/2/23), 
    368 So.3d 64
    ,
    reconsideration denied, 23-00375 (La. 11/15/23).
    DECREE
    For the reasons provided herein, we find that the trial judge did not abuse his
    discretion in denying defendant’s motion to withdraw his guilty pleas.
    Accordingly, we affirm defendant’s convictions. As to defendant’s sentences for
    his obstruction of justice convictions (counts two and three) and his possession of a
    firearm by a convicted felon conviction (count four), we affirm defendant’s
    sentences for those convictions. As to defendant’s sentence for his manslaughter
    conviction (count one), we amend that sentence only to remove the restriction on
    benefits as stated herein. The Clerk of Court for the 24th Judicial District Court is
    hereby ordered to transmit notice of this amended sentence to the appropriate
    authorities pursuant to La. C.Cr.P. art. 892(B)(2) and the Department of
    Corrections’ legal department. See State v. Brown, 17-346 (La. App. 5 Cir.
    12/13/17), 
    234 So.3d 1134
    , 1137. In all other respects, defendant’s sentence on
    count one is affirmed.
    CONVICTIONS AFFIRMED;
    SENTENCES ON COUNTS TWO,
    THREE, AND FOUR AFFIRMED;
    SENTENCE ON COUNT ONE
    AFFIRMED, AS AMENDED
    23-KA-233                                 12
    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
    DECEMBER 27, 2023 TO THE TRIAL JUDGE, CLERK OF COURT, COUNSEL OF RECORD AND ALL PARTIES
    NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:
    23-KA-233
    E-NOTIFIED
    24TH JUDICIAL DISTRICT COURT (CLERK)
    HONORABLE MICHAEL P. MENTZ (DISTRICT JUDGE)
    ANDREA F. LONG (APPELLEE)              DOUGLAS E. RUSHTON, JR. (APPELLEE)   THOMAS J. BUTLER (APPELLEE)
    KEVIN V. BOSHEA (APPELLANT)
    MAILED
    HONORABLE PAUL D. CONNICK, JR.
    (APPELLEE)
    DISTRICT ATTORNEY
    TWENTY-FOURTH JUDICIAL DISTRICT
    200 DERBIGNY STREET
    GRETNA, LA 70053
    

Document Info

Docket Number: 23-KA-233

Judges: Michael P. Mentz

Filed Date: 12/27/2023

Precedential Status: Precedential

Modified Date: 10/21/2024