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State v. Cormier

Court of Appeals of Louisiana, Third Circuit

May 6, 2015

STATE OF LOUISIANA
v.
NOLAN J. CORMIER, JR

APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT, PARISH OF LAFAYETTE, NO. CR144129. HONORABLE GLENNON P. EVERETT, DISTRICT JUDGE.

Michael Harson, District Attorney, Allan P. Haney, Assistant District Attorney, Lafayette, LA, COUNSEL FOR APPELLEE: State of Louisiana.

Annette Fuller Roach, Louisiana Appellate Project, Lake Charles, LA, COUNSEL FOR DEFENDANT/APPELLANT: Nolan J. Cormier, Jr.

Court composed of Marc T. Amy, James T. Genovese, and John E. Conery, Judges.

OPINION

Page 420

[14-1177 La.App. 3 Cir. 1] MARC T. AMY, Judge.

The State charged the defendant with simple burglary, alleging that he stole merchandise through the window of a convenience store. The defendant entered a guilty plea to the charge pursuant to a plea agreement. In turn, the State did not seek enhancement of the sentence due to habitual offender status. The trial court imposed a sentence of nine years at hard labor, with credit for time served, and ordered that three years of the sentence be served concurrently with a sentence from a previous simple burglary conviction for which the defendant was on parole at the time of the present offense. The defendant appeals. For the following reasons, we affirm.

Factual and Procedural Background

By bill of information, the State charged Nolan J. Cormier, Jr. with the October 4,

Page 421

2013 simple burglary of a Circle K convenience store, a violation of La.R.S. 14:62.[1] After initially entering a plea of not guilty, the defendant later entered a guilty plea pursuant to a plea agreement. The defendant explained the facts of the offense as follows:

I was with a friend and we went to the store to buy some alcohol. I went down to the store to buy some alcohol but the store was closed. She said the store was closed. We went back walking to the house. Then she said the store was open because maybe it wasn't locked and she told me to go back. So I went back and I said, " Hello?" to see if anyone was there. No one came so I reached in and got some cigarettes and candy.

[14-1177 La.App. 3 Cir. 2] The defendant further confirmed to the trial court that he was aware of the applicable sentencing range for the offense, and that a Pre-Sentence Investigation (PSI) report would be conducted. In exchange for the plea, and as evidenced by the felony plea form, the State agreed not to enhance the sentence through a habitual offender bill of information.

Subsequently, the trial court received the PSI and entered that report into the record. Referencing the defendant's criminal history listed therein, the trial court sentenced the defendant to nine years at hard labor, with credit for time served. The trial court ordered that three years of the sentence be served concurrently with the defendant's sentence from a prior simple burglary conviction for which he was on parole at the time of the offense.

Although no motion to reconsider sentence was filed, the defendant filed this appeal, asserting that:

1) Counsel rendered assistance below the standard mandated by the Sixth Amendment by failing to file the required motion to reconsider sentence before moving for an ...

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