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State v. Balach

Court of Appeals of Louisiana, Third Circuit

November 5, 2014

STATE OF LOUISIANA
v.
JODY R. BALACH

APPEAL FROM THE THIRTIETH JUDICIAL DISTRICT COURT, PARISH OF VERNON, DOCKET NO. 84717, DIV. C. HONORABLE JAMES R. MITCHELL, DISTRICT JUDGE.

Annette Roach, Louisiana Appellate Project, Lake Charles, Louisiana, COUNSEL FOR DEFENDANT/APPELLANT: Jody R. Balach.

Asa A. Skinner, District Attorney - Thirtieth Judicial District, Terry W. Lambright, Assistant District Attorney, Leesville, Louisiana, COUNSEL FOR APPELLEE: State of Louisiana.

Court composed of J. David Painter, James T. Genovese, and Phyllis M. Keaty, Judges.

OPINION

Page 548

[14-538 La.App. 3 Cir. 1] GENOVESE, Judge.

In this criminal case, Defendant, Jody R. Balach, pled guilty as charged to two counts of theft of a motor vehicle valued at more than $500.00 but less than $1,500.00, a violation of La.R.S. 14:67.26(C)(2). As part of the plea agreement, the State dismissed two other pending charges against Defendant and agreed not to pursue habitual offender enhancement. Defendant was sentenced to serve five years at hard labor and pay a fine of $1,000.00 plus court costs on each count to run concurrently. Defendant's Motion to Reconsider Sentence was denied. He appeals, alleging excessive sentences. For the following reasons, we affirm Defendant's sentences.

FACTUAL BACKGROUND

At Defendant's guilty plea hearing, the State presented the following factual basis:

[O]n or about September the 11th, 2012[,] in Vernon Parish, defendant committed the offense of Theft of a Motor Vehicle in that he intentionally took a 1999 Ford Taurus from a residence located at 7449 Kurthwood Road belonging to an individual by the name of Jessica Hill without her permission and with the intent of permanently disposing of that vehicle, which he did at Harvey's

Page 549

Auto Parts. The value of the vehicle was approximately $1100. This took place in Vernon Parish. Count number two, same offense, on September 13, 2012[,] in Vernon Parish, he intentionally took a 1994 Dodge Truck from the same area, 7449 Kurthwood Road, Leesville, Louisiana, Vernon Parish, belonging to an individual by the name of Lloyd Wayne Henderson without that person's knowledge or permission and disposed of that vehicle also at Harvey's Auto Parts with the intent to permanently deprive the owner of that property, which was valued at approximately $800.

In his interview with Detective Misti Bryant of the Leesville Police Department, Defendant admitted that he sold a Taurus to Harvey's Auto Parts (Harvey's) for $268.96 on September 11, 2012, and that he sold ...


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