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State v. Aguilar

Court of Appeal of Louisiana, Fifth Circuit

January 14, 2015

STATE OF LOUISIANA
v.
BERNAL L. AGUILAR

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA. NO. 12-1592, DIVISION " O" . HONORABLE ROSS P. LADART, JUDGE PRESIDING.

PAUL D. CONNICK, JR., DISTRICT ATTORNEY, TERRY M. BOUDREAUX, ASSISTANT DISTRICT ATTORNEY, Gretna, Louisiana, COUNSEL FOR PLAINTIFF/APPELLEE.

JANE L. BEEBE, ATTORNEY AT LAW, Louisiana Appellate Project, New Orleans, Louisiana, COUNSEL FOR DEFENDANT/APPELLANT.

BERNAL L. AGUILAR, DOC # 465437, Cottonport, Louisiana, DEFENDANT/APPELLANT.

Panel composed of Judges Robert A. Chaisson, Robert M. Murphy, and Stephen J. Windhorst.

OPINION

Page 863

ROBERT A. CHAISSON, Judge.

[14-714 La.App. 5 Cir. 2] Defendant, Bernal Aguilar, appeals his convictions and sentences for driving while intoxicated, second degree feticide, and first degree vehicular negligent injuring. For the reasons that follow, we affirm defendant's convictions and sentences, as amended, and remand the matter for correction of errors patent as noted herein.

PROCEDURAL HISTORY

On March 21, 2012, the Jefferson Parish District Attorney filed a bill of information charging defendant with operating a motor vehicle while intoxicated, fifth offense, in violation of LSA-R.S. 14:98(A)(E) (count one), and possession of a legend drug without a prescription, in violation of LSA-R.S. 40:1238.1 (count two). At the arraignment, defendant pled not guilty.

[14-714 La.App. 5 Cir. 3] On August 16, 2012, defendant filed a motion to quash three of the predicate convictions used as the basis for the fifth offense driving while intoxicated charge. After a hearing, the trial court granted his motion to quash two of the predicate convictions. In particular, the trial court quashed defendant's February 19, 2003

Page 864

and April 24, 2003 predicate driving while intoxicated convictions on the basis that the trial court failed to inform him during those guilty pleas of the possible enhanced penalties for subsequent driving while intoxicated convictions.

The State thereafter filed a writ application in this Court seeking review of the trial court's granting of defendant's motion to quash. On April 17, 2013, this Court granted the State's writ application, reversed the trial judge's ruling granting the motion to quash defendant's two 2003 convictions, and remanded the matter for further proceedings. State v. Aguilar, 13-K-63 (La.App. 5 Cir. 4/17/13) (unpublished writ disposition).

On April 25, 2013, the bill of information was amended to add two additional counts. The State charged defendant, in count three, with the killing of an unborn female child while operating a motor vehicle while intoxicated, in violation of LSA-R.S. 14:32.7, and, in count four, with inflicting serious bodily injury while operating a motor vehicle under the influence of alcohol, in violation of ...


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