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State v. McClure

Court of Appeals of Louisiana, Fifth Circuit

November 25, 2014

STATE OF LOUISIANA
v.
LARRY McCLURE

Page 999

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA. NO. 10-3231, DIVISION " O" . HONORABLE ROSS P. LADART, JUDGE PRESIDING.

PAUL D. CONNICK, JR., DISTRICT ATTORNEY, Twenty-Fourth Judicial District, Parish of Jefferson, TERRY M. BOUDREAUX, ANDREA F. LONG, ABRAHAM HAMILTON, III, JODY FORTUNATO, ASSISTANT DISTRICT ATTORNEYS, Gretna, Louisiana, COUNSEL FOR PLAINTIFF/APPELLEE.

MARGARET S. SOLLARS, ATTORNEY AT LAW, Louisiana Appellate Project, Thibodaux, Louisiana, COUNSEL FOR DEFENDANT/APPELLANT.

Panel composed of Judges Fredericka Homberg Wicker, Robert A. Chaisson, and Robert M. Murphy.

OPINION

ROBERT A. CHAISSON, J.

Page 1000

[14-520 La.App. 5 Cir. 2] Defendant, Larry McClure, appeals his convictions for attempted second degree murder and possession of a firearm by a convicted felon. Defendant maintains that his convictions should be reversed because he was denied his right to a fair trial when the trial court improperly allowed his statement into evidence at trial. For the reasons that follow, we find no merit to defendant's arguments and accordingly affirm his convictions. However, because of errors noted herein, we vacate defendant's multiple offender adjudication and sentence as well as the sentence imposed for his conviction for possession of a firearm by a convicted felon.

PROCEDURAL HISTORY

On August 3, 2010, the Jefferson Parish District Attorney filed a bill of information charging defendant, Larry McClure, with attempted second degree [14-520 La.App. 5 Cir. 3] murder of Christopher Evans, in violation of LSA-R.S. 14:27 and 14:30.1 (count one), and possession of a firearm by a convicted felon, in violation of LSA-R.S. 14:95.1 (count two). At his arraignment the following day, defendant pled not guilty.

On January 18, 2013, defendant filed a motion to appoint sanity commission to determine his competence to proceed to trial. After a hearing on April 24, 2013, the trial judge found defendant competent to stand trial. On December 17, 2013, defendant filed a second motion to appoint sanity commission to determine his competence. The trial court conducted another sanity hearing on February 5, 2014, and once again found defendant competent to stand trial.

The matter proceeded to trial before a twelve-person jury on April 8, 9, and 10, 2014. After considering the evidence presented, the jury found defendant guilty as charged on both counts. On May 19, 2014,

Page 1001

the trial judge sentenced defendant to imprisonment at hard labor for thirty years on count one and twenty years on count two. The court ordered that the sentences be served without benefit of parole, probation, or suspension and also ordered that they run concurrently.

The State filed a multiple offender bill of information alleging defendant to be a third felony offender. On May 22, 2014, after a hearing, the trial judge found defendant to be a third felony offender, vacated the original sentence on count one, and resentenced defendant under the multiple bill statute to imprisonment at hard labor for sixty years without benefit of parole, probation, or suspension of sentence. Defendant now appeals.

FACTS

On May 4, 2010, Christopher Evans was shot numerous times in the Mary Poppins neighborhood located on the west bank of Jefferson Parish. This shooting apparently stemmed from incidents that occurred earlier in the day.

[14-520 La.App. 5 Cir. 4] During the afternoon hours, Evans's teenage female cousin had gotten into a fight with an older teenage girl, whose brother hit the younger girl. As a result of this altercation, Evans's aunt called him to come " down the street" to Tallow Tree Lane to fight the boy who had hit his cousin. At approximately 3:00 or 4:00 p.m., Evans fought this boy, whom he identified as Robert McClure. Subsequent to this fight, Evans went inside a friend's house in the neighborhood.

In the meantime, Clifton McClure received a phone call about this fight and proceeded to the Mary Poppins neighborhood with two of his cousins. Upon their arrival, they went inside a house for a little while, and by the time they came out, another cousin, defendant, had arrived. Defendant exited his ...


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