Appealed from the Twenty Sixth Judicial District Court for the Parish of Bossier, Louisiana. Trial Court No. 199265. Honorable Jeffrey Stephen Cox, Judge.
AFFIRMED AS AMENDED.
TERESA CULPEPPER CARROLL, Louisiana Appellate Project, for Appellant.
JOHN SCHUYLER MARVIN , District Attorney; JOHN MICHAEL LAWRENCE, EDWARD CHARLES JACOBS, Assistant District Attorneys, for Appellee.
Before WILLIAMS, DREW and LOLLEY, JJ.
[49,639 La.App. 2 Cir. 1] LOLLEY, J.
This criminal appeal arises from the 26th Judicial District Court, Parish of Bossier, State of Louisiana. The defendant, Donzell Don Anderson, pled guilty to second degree battery, in violation of La. R.S. 14:34.1. He was sentenced to serve five years' imprisonment at hard labor, with all but six months suspended, and two years' supervised probation. He was also assessed a fine of $2,500.00 plus court costs, in default of which to serve one year in the parish jail. Anderson appeals his sentence, which for the following reasons we amend, and affirm as amended.
On May 10, 2013, Donzell Don Anderson was charged, via bill of information, with the aggravated assault of Harry Carter, in violation of La. R.S. 14:34.1. The public defender's office was appointed to represent Anderson. The facts of the case indicated that Anderson struck Carter in the head with a glass gin bottle, which caused a laceration to Carter's forehead.
Anderson pled guilty to second degree battery. In accordance with his plea agreement, Anderson was subsequently sentenced to five years' imprisonment at hard labor, all but six months suspended, and two years' supervised probation. Anderson was also assessed a fine of $2,500.00 plus court costs, payable over the first year of probation, in default of which to serve one year in the parish jail. Anderson filed a pro se motion for appeal, which was granted. The Louisiana Appellate Project was appointed to represent Anderson.
[49,639 La.App. 2 Cir. 2] Discussion
Anderson raises two assignments of error in connection with his sentence. The State maintains that pursuant to La. C. Cr. P. art. 881.2A(2) Anderson is not entitled to an appeal as the sentence was imposed in conformity with a plea agreement. In this case, however, Anderson's sentence contains errors patent which may be addressed on appeal regardless of his plea agreement.
First, Anderson submits that the trial court erred, as a matter of law, in rendering an excessive sentence in this case by setting his fine in excess of the maximum authorized by La. R.S. 14:34.1. He specifically argues that the sentence assigned by the trial court is clearly excessive, in violation of La. Const., art. I, § 20. Although the State maintains that this matter should not ...