Claude Robinson Versus State of Louisiana ( 2019 )

CLAUDE ROBINSON NO. 18-KH-707
VERSUS FIFTH CIRCUIT
STATE OF LOUISIANA COURT OF APPEAL
STATE OF LOUISIANA
August 05, 2019
Susan Buchholz
First Deputy Clerk
ON APPLICATION FOR REHEARING
Panel composed of Fredericka Homberg Wicker,
Marc E. Johnson, and Robert A. Chaisson
REHEARING GRANTED WITH REASONS; WRIT DENIED
MEJ
FHW
RAC
CLAUDE ROBINSON NO. 18-KH-707
VERSUS FIFTH CIRCUIT
STATE OF LOUISIANA COURT OF APPEAL
STATE OF LOUISIANA
REHEARING GRANTED WITH REASONS; WRIT DENIED
Relator, Claude Robinson, sought review of the trial court’s October
25, 2018 denial of his “Motion to Amend Sentence to Conform to Applicable
Statutory Provisions of Act No. 45; S.B. No. 126, which Enacted La. R.S.
15:308; Correction of Illegal Sentence.”
In his motion, Relator requested an amendment of his life sentence in
conformity with the provisions of Act. No. 45, enacting La. R.S. 15:308,
which was approved by the legislature during the 2006 regular session. He
argued that his habitual offender life sentence is no longer mandated and
should be amended because the three prior felony convictions used are not all
crimes of violence. In its opposition brief, the State argued that Relator’s
fourth offender adjudication is and was correct, and Relator should still
receive a sentence of life imprisonment without parole. The trial court found
the State’s argument to be persuasive. The court then found Relator to be a
fourth-felony offender, and Relator’s life sentence was mandatory.
Upon initial review, based upon the available record, this Court found
that Relator’s conviction for possession with the intent to distribute heroin in
district court case number 97-2815 was not one of Relator’s predicate
convictions for his habitual offender adjudication as a fourth-felony offender.
Robinson v. State, 18-KH-707 (La. App. 5 Cir. 5/30/19) (Johnson, Wicker,
Chaisson). This Court then vacated the trial court’s October 25, 2018 Order
1
that denied Relator’s motion, vacated Relator’s habitual offender sentence,
and remanded the matter to the trial court for resentencing pursuant to State
ex rel. Esteen v State, 16-949 (La. 1/30/18); 239 So.3d 233, rehearing denied,
16-949 (La. 3/13/18); 239 So.3d 266. Thereafter, the State filed a rehearing
application, seeking reconsideration of this Court’s decision.
In its rehearing application, the State reasserted its argument that
Relator’s sentence of life imprisonment without parole was correct, and the
trial court properly denied Relator’s motion. Pursuant to an Order rendered
on June 27, 2019, the State supplemented the writ application with copies of
judgments, minute entries, and transcripts evidencing actions taken by the trial
court regarding Relator’s habitual offender adjudication and sentence. Upon
review of the documentation supplemented to the writ application, we grant
the State’s rehearing request.
Although neither the trial court’s October 1, 2004 Judgment and
Reasons nor the October 1, 2004 transcript of the habitual offender
adjudication hearing mention Relator’s possession with the intent to distribute
heroin conviction, the trial court subsequently amended its habitual offender
adjudication. In a judgment rendered on October 22, 2004, the trial court
adjudicated Relator to be a fourth-felony offender based upon his conviction
for possession with the intent to distribute heroin and possession of cocaine.
As a result, we now find that the possession with the intent to distribute heroin
conviction was a predicate conviction for Relator’s habitual offender
adjudication as a fourth-felony offender.
Furthermore, we do not find the trial court erred in denying Relator’s
motion. We hold that Relator is not entitled to ameliorative relief, and his
enhanced sentence falls within the legal parameters of the sentencing
provision in effect at the time he committed the underlying offenses.
2
Accordingly, we set aside this Court’s May 30, 2019 disposition that granted
Relator’s writ application, affirm the trial court’s October 25, 2018 ruling, and
deny Relator’s writ application.
3
SUSAN M. CHEHARDY MARY E. LEGNON
CHIEF JUDGE INTERIM CLERK OF COURT
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON SUSAN BUCHHOLZ
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
HANS J. LILJEBERG
JOHN J. MOLAISON, JR. 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 DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 08/05/2019 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
18-KH-707
E-NOTIFIED
Terry M. Boudreaux (Respondent)
MAILED
Claude Robinson #104039 (Relator)
Louisiana State Penitentiary
Angola, LA 70712