APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 13-5439, DIVISION
"C" HONORABLE JUNE B. DARENSBURG, JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA, Paul D.
Connick, Jr., Terry M. Boudreaux
COUNSEL FOR DEFENDANT/APPELLANT, AARON S. ENGLE Prentice L.
composed of Robert M. Murphy, Stephen J. Windhorst, and Hans
AFFIRMED; COUNT ONE SENTENCE AFFIRMED; COUNT TWO SENTENCE
VACATED AND REMANDED FOR RESENTENCING AND CORRECTION OF
UNIFORM COMMITMENT ORDER
J. LILJEBERG, JUDGE
appeal, defendant, Aaron S. Engle, contends his convictions
for theft and receiving stolen goods violate the Double
Jeopardy Clause. For the following reasons, we affirm
defendant's convictions, as well as the sentence for his
theft conviction. However, we vacate the sentence for
defendant's conviction for receiving stolen goods and
remand the matter to the trial court for resentencing.
AND PROCEDURAL HISTORY
October 30, 2013, the Jefferson Parish District Attorney
filed a bill of information charging defendant with theft of
jewelry valued over $500.00 from Cash America Pawn in
violation of La. R.S. 14:67 (count one) and with illegal
receiving of stolen jewelry belonging to Ana Susie valued at
over $500.00 in violation of La. R.S. 14:69 (count two). The
bill of information alleges these offenses occurred on or
between September 1, 2013, and September 25, 2013. Defendant
pleaded not guilty at his arraignment on October 31, 2013.
January 31, 2014, defendant withdrew his pleas of not guilty
and entered pleas of guilty as charged on both counts under
La. R.S. 13:5304. The trial court deferred imposition of the
sentences and placed defendant on probation for five years.
Defendant was also required to complete the Jefferson Parish
Intensive Drug Court Program. On February 4, 2014, the trial
court issued an attachment following defendant's failure
to appear for drug court. On June 13, 2014, the District
Attorney filed a motion seeking to revoke defendant's
probation for failure to pay drug court costs and to appear
for drug court. On June 23, 2014, the trial court held a
hearing at which time defendant stipulated to the grounds
alleged in revocation motion. The trial court sentenced
defendant to six years at hard labor on each count to run
same day, the District Attorney filed a multiple offender
bill of information with respect to defendant's theft
conviction, alleging defendant to be a third felony offender.
Defendant stipulated to the allegations in the multiple bill
and the trial court vacated its original sentence on count
one. The trial court then sentenced defendant as a third
felony offender under La. R.S. 15:529.1 to six years at hard
labor on count one ...