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State v. Lee

Court of Appeals of Louisiana, Fifth Circuit

June 30, 2015

STATE OF LOUISIANA
v.
JERRY LEE

Page 1215

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT. PARISH OF JEFFERSON, STATE OF LOUISIANA. NO. 13-1059, DIVISION " P" . HONORABLE LEE V. FAULKNER, JR., JUDGE PRESIDING.

CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED.

PAUL D. CONNICK, JR., DISTRICT ATTORNEY, Twenty-Fourth Judicial District, Parish of Jefferson; TERRY M. BOUDREAUX, ASSISTANT DISTRICT ATTORNEY, Gretna, Louisiana, COUNSEL FOR PLAINTIFF/APPELLEE.

FREDERICK J. KROENKE, JR., ATTORNEY AT LAW, Louisiana Appellate Project, Baton Rouge, Louisiana, COUNSEL FOR DEFENDANT/APPELLANT.

Panel composed of Judges Fredericka Homberg Wicker, Jude G. Gravois, and Robert A. Chaisson.

OPINION

FREDERICKA HOMBERG WICKER, J.

Page 1216

[15-108 La.App. 5 Cir. 2] Defendant appeals his guilty plea conviction and sentence for armed robbery with a firearm in violation of La. R.S. 14:64 and 14:64.3. For the following reasons, we affirm defendant's conviction. However, because we find that the trial judge imposed an indeterminate sentence, we vacate defendant's sentence and remand this matter to the trial court for resentencing.

STATEMENT OF THE CASE

On February 25, 2013, the Jefferson Parish District Attorney filed a bill of information charging defendant, Jerry Lee, with armed robbery with a firearm in violation of La. R.S. 14:64 and La. R.S. 14:64.3. On October 17, 2013, defendant pled guilty as charged and was sentenced to " a total of fifteen years" imprisonment without the benefit of probation, parole, or suspension of sentence. The trial judge ordered that defendant's sentence be served concurrently with any other sentence he was serving at that time.

[15-108 La.App. 5 Cir. 3] FACTUAL BACKGROUND

Defendant pled guilty without proceeding to trial, but agreed to the following factual basis during his guilty plea colloquy:

[O]n February 7, 2011[] Jerry Lee...did commit the armed robbery of Marinda Conner[1] while armed with a dangerous ...

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