FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF
VERMILION, NO. 59219 HONORABLE LAURIE A. HULIN, DISTRICT
Annette Fuller Roach Louisiana Appellate Project COUNSEL FOR
DEFENDANT/APPELLANT: Ricky Wayne Miller
Keith A. Stutes Lafayette Parish DA COUNSEL FOR
PLAINTIFF/APPELLEE: State of Louisiana
Ayo Attorney at Law COUNSEL FOR PLAINTIFF/APPELLEE: State of
Louisiana, Ricky Miller, Ricky Wayne Miller
composed of D. Kent Savoie, Van H. Kyzar, and David E.
Chatelain [*] , Judges.
KENT SAVOIE JUDGE
January 12, 2016, Defendant, Ricky Wayne Miller, entered a
guilty plea for theft of a firearm (district court docket
number 59219), a violation of La. R.S. 14:67.15. On May 13,
2016, as part of the plea agreement, Defendant was sentenced
to seven years at hard labor to be served without the benefit
of probation, parole, or suspension of sentence.
Additionally, the trial court ordered the sentence to run
concurrently with the sentences imposed in 58080, 58133,
59221, 59259, and 58075. A motion to reconsider sentence was
Defendant appeals assigning the following errors:
1. The trial court erred in imposing consecutive sentences in
violation of the plea agreement set forth on the record at
the time of the pleas of guilty.
2. Trial court [sic] rendered assistance below that
guaranteed by the Sixth Amendment of United States
Constitution by failing to object to the court's failure
to impose sentences in compliance with the plea agreement.
following reasons, we vacate Defendant's sentence and
remand this matter to the trial court for resentencing in
accordance with the plea agreement.
guilty plea proceeding, the State set forth a factual basis
for the charge. The State indicated that Defendant took a
firearm which belonged to Shane Winch, without the consent of
Mr. Winch and with the intent to permanently deprive him of
accordance with La.Code Crim.P. art. 920, all appeals are
reviewed for errors patent on the face of the record. After
reviewing the record, we find one error patent
conviction of theft of a firearm requires the imposition of a
$1000.00 fine. La.R.S. 14:67.15. This fine was not imposed by
the trial court, rendering the Defendant's sentence
illegally lenient. However, "[w]e will not recognize an
illegally lenient sentence claim unless it is raised as
error." State v. Kinchen, 11-9, p. 4 (La.App. 3
Cir. 6/8/11), 71 so.3d 344, 348.
OF ERROR NUMBER ONE
complains that the plea agreement was breached. In the
transcript of the January 12, 2016 proceeding, the plea
agreement was set forth in open court. It provided a
sentencing cap of twenty-five years at hard labor, and the
State agreed that it would not file a multiple offender bill.
Additionally, the following pertinent exchange occurred:
[COURT]: All right. So Docket No. 58075, 58080, 58133, 59219,
59221, 59224, 59253, 59259, and 59572 are all going to run
MS. YOUNG: Correct, with Docket No. 58118.
[COURT]: All right. That's what's agreed upon?
MS. YOUNG: Correct.
[COURT]: And then the Court will decide whether or not to run
58118 concurrent or consecutive, after the ...