Appeal from the 17th Judicial District Court, Parish of
Lafourche, State of Louisiana Trial Court No. 560739 The
Honorable F. Hugh Larose, Judge Presiding
Kristine Russell District Attorney Joseph S. Soignet
Assistant District Attorney Thibodaux, Louisiana Attorneys
for Plaintiff/Appellee, State of Louisiana.
Herrle-Castillo Marrero, Louisiana Attorney for
Defendant/Appellant, Shane Badeaux.
Badeaux Cottonport, Louisiana Defendant/Appellant, In Proper
BEFORE: GUIDRY, PETTIGREW, AND CRAIN, JJ.
State v. Badeaux, 17-0027, 2017WL2399365 (La.App. 1
Cir. 6/2/17), this court affirmed the convictions and
sentences of the defendant, Shane Badeaux, on counts of
aggravated flight from an officer and possession of a firearm
or carrying concealed weapons by a felon. While that appeal
was pending, the state filed a habitual offender bill of
information, and the defendant was adjudicated a fourth or
subsequent felony offender as to each count. The district
court vacated the original sentences and sentenced the
defendant to ten years at hard labor on the count of
aggravated flight from an officer, and forty years at hard
labor on the count of possession of a firearm by a felon, to
be served consecutively and without benefit of probation,
parole, or suspension of sentence. We affirm the habitual
offender adjudications and, due to sentencing error, vacate
the sentences and remand for resentencing.
habitual offender bill of information alleged the following
predicate felony convictions, in addition to the convictions
affirmed in the prior appeal: (1) June 19, 1998 conviction of
simple burglary under 17th Judicial District Court (JDC)
docket number 311, 843; (2) June 19, 1998 conviction of
simple burglary under 17th JDC docket number 310, 804; (3)
November 18, 2004 conviction of possession of a Schedule IV
controlled dangerous substance under 24th JDC
docket number 44, 639; (4) November 18, 2004 conviction of
possession of a Schedule II controlled dangerous substance
under 24th JDC docket number 44, 639; (5) November 18, 2004
conviction of attempted possession of a firearm by a
convicted felon under 24th JDC docket number 44, 639; (6)
September 12, 2013 conviction of attempted possession of a
firearm by a convicted felon under 17th JDC docket 17th JDC
docket number 516, 84O.
sole counseled assignment of error, the defendant contends
the trial court erred in adjudicating him a fourth or
subsequent felony offender, arguing the state failed to
present sufficient evidence to identify him as the person
convicted of the predicate offenses.
obtain a multiple-offender adjudication, the state is
required to establish both the prior felony conviction and
the defendant's identity as the person who committed the
prior felony. State v. White, 13-1525 (La. 11/8/13),
130 So.3d 298, 300 (per curiam). The Habitual
Offender Act does not require the state to use a specific
type of evidence to carry its burden of proof. State v.
Payton, 00-2899 (La. 3/15/02), 810 So.2d 1127, 1132.
Rather, the prior convictions may be proved by any competent
evidence, including testimony from witnesses, expert opinion
regarding the fingerprints of the defendant when compared
with those in the prior record, photographs in the duly
authenticated record, or evidence of identical driver's
license number, sex, race, and date of birth. See
Payton, 810 So.2d at 1130-32.
habitual offender hearing, the state introduced the testimony
of Agent Brandon Allemand of the Department of Corrections,
Division of Probation and Parole. Agent Allemand stated he
knew the defendant, supervised his parole following a prior
conviction, and testified at the defendant's trial on the
most birth date, social security number, and photograph. The
state then proceeded to introduce documentary evidence as to
each predicate alleged in the habitual offender bill of
information. Agent Allemand testified all of the evidence
matched the defendant's identifying information.
trial court did not err in finding the state presented
sufficient evidence to establish the defendant as the person
who pled guilty to the prior felony offenses. The defendant
argues the state failed to offer fingerprint evidence, and
Agent Allemand did not supervise all the predicate
convictions. However, the state was not required to ...