Appealed from the First Judicial District Court for the
Parish of Caddo, Louisiana Trial Court No. 315, 241 Honorable
Katherine Clark Dorroh, Judge
LOUISIANA APPELLATE PROJECT By: Peggy J. Sullivan Counsel for
DALANDO GARNER Pro se
E. STEWART, SR. District Attorney JASON W. WALTMAN REBECCA A.
EDWARDS JOSHUA K. WILLIAMS Assistant District Attorneys
Counsel for Appellee
BROWN, MOORE, and COX, JJ.
criminal appeal arises from the First Judicial District
Court, Caddo Parish, Louisiana. The defendant, Dalando Garner
("Garner"), was charged by bill of information with
possession of a firearm or carrying of a concealed weapon by
a convicted felon, in violation of La. R.S. 14:95.1.
Following a jury trial, Garner was found guilty as charged
and sentenced to 12 years at hard labor without the benefit
of probation, parole, or suspension of sentence; he was also
fined $1, 000. Garner filed a motion to reconsider sentence,
which was subsequently denied by the trial court. He now
appeals, arguing that his sentence was excessive and his
confession was not knowingly and intelligently made. For the
following reasons, we affirm.
20, 2013, Shreveport officers with the Caddo-Shreveport
Narcotics Task Force conducted a patrol around West Cedar
Grove due to recent shootings in the area. During the patrol,
Corporal Michael Gerbine observed two black males walking in
the middle of the 200 block of West 72nd Street.
Upon seeing Corporal Gerbine in his police vehicle, the two
men quickly attempted to enter a nearby yard. Corporal
Gerbine exited his vehicle and witnessed one of the men run
behind a vehicle parked in the yard, remove a handgun from
his waistband, and place it under the vehicle.
was arrested, and Corporal Gerbine recovered the
handgunfrom under the vehicle. Corporal Gerbine
advised the man of his Miranda rights, and the man
informed him that he understood. The man was placed in
Corporal Rodney Medlin's police vehicle and identified
himself as Treviaun Garner (D.O.B. 12/30/94). Garner admitted
that the handgun belonged to him and told the officer that he
carried the weapon for protection because his cousin had
recently been shot.
was transported to the Shreveport City Jail, where he was
fingerprinted, and it was determined that he had provided a
false name and date of birth. Garner's real name was
Dalando Garner (D.O.B. 12/11/90). The name he had given the
arresting officers belonged to his brother.
25, 2013, Garner was charged by bill of information with
possession of a firearm or carrying a concealed weapon by a
convicted felon, having been previously convicted of
aggravated battery on November 16, 2011. At arraignment,
Garner pled not guilty and was later granted bail.
February 8, 2017, prior to the commencement of trial, a free
and voluntary hearing was held, and the trial court found
that Garner was properly advised of his Miranda
rights and made all subsequent statements freely and
voluntarily. Thereafter, the jury found Garner guilty as
charged. Garner filed motions for a new trial and
post-verdict judgment of acquittal, which were denied. No
presentence investigation report was ordered.
March 2, 2017, Garner was sentenced to 12 years at hard labor
without the benefit of probation, parole, or suspension of
sentence. He was given credit for time served. He was also
ordered to pay a $1, 000 fine and $250 to the Indigent
Defender's Office. On March 30, 2017, Garner ...