APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 14-436, DIVISION
"C" HONORABLE JUNE B. DARENSBURG, JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D.
Connick, Jr. Terry M. Boudreaux Juliet L. Clark
COUNSEL FOR DEFENDANT/APPELLANT, CHRISTIAN HERNANDEZ John T.
composed of Judges Stephen J. Windhorst, Hans J. Liljeberg,
and Marion F. Edwards, Judge Pro Tempore
STEPHEN J. WINDHORST JUDGE.
Christian Hernandez, appeals his convictions and sentences
for armed robbery with a firearm and attempted second degree
murder. For the following reasons, we affirm defendant's
convictions and sentences and remand with instructions.
January 27, 2014, the Jefferson Parish District Attorney
filed a bill of information charging defendant, Christian
Hernandez, with armed robbery with a firearm, in violation of
La. R.S. 14:64 and La. R.S. 14:64.3 (count one) and attempted
second degree murder, in violation of La. R.S. 14:30.1 and
La. R.S. 14:27 (count two). Defendant was arraigned on
January 30, 2014, and pled not guilty.
17, 2015, defendant withdrew his not guilty pleas and pled
guilty as charged. On July 20, 2015, the trial judge
sentenced defendant to imprisonment at hard labor for
twenty-three years plus an additional five-year sentence at
hard labor pursuant to La. R.S. 14:64.3 on count one, and
imprisonment at hard labor for twenty-eight years on count
two, with both sentences including the enhancement, to be
served without benefit of parole, probation, or suspension of
sentence. The trial judge also ordered those sentences to run
concurrently with each other and with any other sentences
that defendant may be currently serving.
6, 2017, defendant filed an Application for Post-Conviction
Relief (APCR) arguing that he was not adequately informed of
the consequences of his plea and of the minimum possible
sentences. The trial judge dismissed the APCR without
prejudice and advised defendant to seek an out-of-time appeal
as set forth in State v. Counterman, 475 So.2d 336
(La. 1985). On August 1, 2017, defendant filed a notice of
intent to apply for a writ of review. On August 31, 2017,
this Court granted the writ for the limited purpose of
vacating the district court's order dismissing the APCR,
and remanding the matter to the district court with
instructions to construe defendant's timely filed APCR as
a request for an out-of-time appeal. State v.
Hernandez, 17-KH-430 (La.App. 5 Cir. 8/31/17)
(unpublished writ disposition). On September 15, 2017, the
trial judge granted defendant an out-of-time appeal and
dismissed the APCR without prejudice.
defendant pled guilty, the underlying facts were not fully
developed at a trial. Nevertheless, the State alleged in the
amended bill of information that on or about March 8, 2013,
Christian Hernandez and his co-defendants, Kevin Rivas and
Leonardo Paredes-Morales robbed Louis Alvarado while armed
with a dangerous weapon, "to wit: a firearm as per La.
R.S. 14:64.3" (count one). The State alleged in that
same amended bill of information that on March 8, 2013,
Hernandez and his co-defendant, Rivas attempted the commit
second degree murder of Louis Alvarado. During the colloquy,
the State provided the following factual basis:
If the State had proceeded to trial against both
Defendants in Case No. 14-0436 it would have proven
beyond a reasonable doubt that on March 8th, 2013
that both Defendants violated Louisiana Revised Statute 14:64
and they did rob Louis Alvarado while armed with a dangerous
weapon under the provision of Louisiana Revised Statute
Furthermore, it would have proven beyond a reasonable doubt
that both Defendants on that same date, March 8th,
2013 violated Louisiana Revised Statute 14:27:30.1 in that
they did attempt to ...