Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Hall

Court of Appeals of Louisiana, Third Circuit

July 19, 2017

STATE OF LOUISIANA
v.
ANDREA HALL

         WRIT OF CERTIORARI FROM THE SEVENTH JUDICIAL DISTRICT COURT PARISH OF CONCORDIA, NO. 90-1096 HONORABLE JOHN C. REEVES, DISTRICT JUDGE

          Bradley R. Burget District Attorney, Concordia Parish COUNSEL FOR PLAINTIFF/RESPONDENT: State of Louisiana

          Andrea Hall Camp J/Gator IN PROPER PERSON: Andrea Hall

          Court composed of John D. Saunders, Phyllis M. Keaty, and Candyce G. Perret, Judges.

          JOHN D. SAUNDERS JUDGE

         A history of Relator's filings pertinent to the current writ application follows:

Relator, Andrea Hall, was found guilty on June 25, 1991, of two counts of attempted second degree murder. He was adjudicated a habitual offender on July 24, 1991, and sentenced to one hundred years on each count, to be served consecutively. The convictions and sentences were affirmed on appeal. State v. Hall, 606 So.2d 972 (La.App. 3 Cir. 1992), writ denied, 93-51 (La. 11/11/94), 644 So.2d 385.

         Later, one of the convictions for attempted second degree murder was vacated by the federal court on August 15, 1995, leaving the other conviction intact. On an unspecified date in 1996, Relator filed an application for post-conviction relief in the trial court. On June 21, 1996, the trial court denied Relator's application as untimely. In response to Relator's request for review, this court granted Relator's writ, finding the trial court erred in denying his application for post-conviction relief as untimely. State v. Hall, 96-1503 (La.App. 3 Cir. 8/19/97) (unpublished opinion). On that same date, in a separate ruling, this court also ordered the trial court to rule on Relator's November 1996 application for post-conviction relief or conduct an evidentiary hearing. State v. Hall, 97-949 (La.App. 3 Cir. 8/19/97) (unpublished opinion). In response to this court's orders, the trial court held an evidentiary hearing on September 19, 1997, on Relator's applications for post-conviction relief filed in June and November 1996. At the hearing, the trial court denied all of Relator's claims asserted in those applications.

         At this same hearing, however, the trial court heard arguments on Relator's motion to correct an illegally lenient sentence. Relator argued his habitual offender sentence was illegal since he was not advised of his rights before admitting to his status as a habitual offender. On that particular issue, the trial court granted Relator relief and advised the District Attorney, if he desired, to re-file the habitual offender bill and reschedule a hearing on the bill. On March 24, 1998, a habitual offender hearing was again held and Relator was adjudicated a habitual offender. On April 2, 1998, he was sentenced to one hundred years at hard labor. See State v. Hall, 98-625 (La.App. 3 Cir. 12/29/98) (unpublished opinion) and State v. Hall, 00-1153 (La.App. 3 Cir. 5/3/01) (unpublished opinion).

         On April 30, 1998, Relator filed a writ with this court seeking review of the trial court's denial of claims he asserted at the September 19, 1997 evidentiary hearing. This court reviewed the merits of Relator's claims finding no error in the trial court's ruling. Hall, 98-625. Relator sought a writ of review by the supreme court, and on July 2, 1999, the supreme court denied the application stating: "Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La. 9/5/95), 660 So.2d 1189." State ex rel. Hall v. State, 99-326 (La. 7/2/99), 747 So.2d 8. Relator applied for reconsideration, and on September 24, 1999, the supreme court denied reconsideration. State ex rel. Hall v. State, 99-326 (La. 9/24/99), 747 So.2d 1113. The Supreme Court explained in pertinent part: "The Court of appeal affirmed relator's 1990 conviction in 1992. State v. Hall, 606 So.2d 972 (La.App. 3d 1992). Relator did not seek review timely in this court, and the conviction became final as to direct review. La.Code Crim.P. art. 922B; La.S.Ct.R. X § 5(a)." In State ex rel. Hall v. State, 99-326 (La. 9/24/99), 871 So.2d 1071 (footnote omitted), the supreme court noted that Relator filed an untimely application in 1994 which it denied in State ex rel. Hall v. Whitley, 93-51 (La. 11/11/94), 644 So.2d 385. The Supreme Court stated:

Relator then filed this application for reconsideration, arguing that he filed the 1996 application in the district court within three years of this court's denial of his 1994 application. However, Relator's conviction became final in 1992, and this court's treatment of this untimely application under the Jacobs (State v. Jacobs, 504 So.2d 817, 818 n.1 (La. 1987)), procedure did not "unfinalize" the conviction. Hall, 871 So.2d 1071.

         In the current instance, Relator filed a "Motion to Correct an Illegal Sentence" on February 2, 2017, wherein he alleged trial errors with the 1998 habitual offender adjudication and that the bill of information that resulted in his 1991 conviction for attempted second degree murder and the 1998 habitual offender bill of information which resulted in a habitual offender sentence were defective. The motion was denied on March 13, 2017, as repetitive and without merit. On January 24, 2017, Relator filed a "Motion to Clarify Sentence, " wherein he claimed that because the federal court ruled that the 1998 habitual offender sentence was not a valid sentence, he does not know whether he is serving the 1991 sentence or the 1998 sentence. The trial court denied the motion as being without merit. On March 2, 2017, Relator filed a "Supplemental Motion to Correct an Illegal Sentence Imposed under La.R.S. 15:529.1 the Habitual Offender Law, " wherein he asserted that the bill of information which resulted in the conviction for attempted second degree murder was defective and that after the federal district court acquitted him of one of the convictions, the federal court judge failed to remand to the district court for reconsideration of the remaining sentence; therefore, he did not have the opportunity to present mitigating factors to reduce the sentence. Finally, he asserted that the sentence was constitutionally excessive. The trial court denied the supplemental motion on March 13, 2017, as repetitive and without merit.

         Relator now seeks review of the trial court's rulings. However, we find that there was no error ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.