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State v. Engle

Court of Appeals of Louisiana, Fifth Circuit

February 8, 2017

STATE OF LOUISIANA
v.
AARON S. ENGLE

         ON 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. White

          Panel composed of Robert M. Murphy, Stephen J. Windhorst, and Hans J. Liljeberg

         CONVICTIONS AFFIRMED; COUNT ONE SENTENCE AFFIRMED; COUNT TWO SENTENCE VACATED AND REMANDED FOR RESENTENCING AND CORRECTION OF UNIFORM COMMITMENT ORDER

         HJL

         RMM

         SJW

          HANS J. LILJEBERG, JUDGE

         On 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.

         FACTS AND PROCEDURAL HISTORY

         On 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.

         On 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 concurrently.[1]

         On that 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 ...


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