Appealed from the First Judicial District Court for the
Parish of Caddo, Louisiana Trial Court No. 347, 490 Honorable
Erin Leigh Waddell Garrett, Judge
LOUISIANA APPELLATE PROJECT By: Carey J. Ellis, III Counsel
E. STEWART, SR. District Attorney KODIE K. SMITH JANET L.
SILVIE RICHARD S. FEINBERG Assistant District Attorneys
Counsel for Appellee.
PITMAN, COX, and STEPHENS, JJ.
Antonio D. Robinson appeals as excessive his sentences for
attempted possession of a Schedule II controlled dangerous
substance in Counts One and Two and attempted possession of a
firearm or carrying a concealed weapon by a convicted felon
in Count Three. For the following reasons, Defendant's
sentences for Counts One and Two are vacated and remanded for
resentencing. The conviction and sentence for Count Three are
April 5, 2017, Defendant was charged by bill of information
with two counts of possession with intent to distribute a
Schedule II controlled dangerous substance (cocaine and
methadone) (Counts One and Two) and possession of a firearm
or concealed weapon by a convicted felon (Count Three). The
bill of information listed the date for all three offenses as
March 3, 2017. On July 13, 2017, the state filed an amended
bill of information, which altered the predicate offense used
in Count Three from simple burglary of an inhabited dwelling
committed on or about October 15, 2012 (Trial Docket No. 308,
157), to simple burglary committed on or about August 26,
2003 (Trial Docket No. 229, 735).
trial was held and Peter Goeders, Probation and Parole
Officer at the Minden District Office of the State of
Louisiana, presented testimony regarding Defendant's
guilty plea to simple burglary in Docket No. 229, 735.
Goeders confirmed that he was not the officer who supervised
Defendant in 2004 and that the officer who did supervise
Defendant was no longer employed there. He affirmed that
Defendant had been under the supervision of the probation and
parole office in 2003 and 2004. He stated that he had
reviewed Defendant's parole case file and identified the
Bill of Information in Docket No. 229, 735 for simple
burglary, which was introduced into evidence as Exhibit 12.
He identified court minutes in the same docket number, which
were introduced into evidence as Exhibit 13. He read aloud
for the jury the minute entry for August 26, 2003, which
reflected that Defendant waived arraignment and pled guilty
to the charge of simple burglary.
minutes, as read by Goeders, also stated as follows:
The Court informed the defendant of his constitutional rights
per Boykin versus Alabama. Whereupon the defendant was
sentenced to pay a fine of $300 and court costs, or in
default thereof, serve 90 days-or-49 days in the parish jail,
and in addition, be confined at labor for a period of four
years and committed to the Louisiana Department of
Corrections, subject to the conditions provided by law. The
Court ordered the hard labor sentence suspended and placed
the defendant on supervised probation for a period of two
years with special conditions (see the special conditions
sheet). The Court ordered the defendant given credit for time
served and informed the defendant of his rights to
post-conviction relief proceedings. Execution of sentence was
deferred until October 31st, 2003.
cross-examination, Defendant's attorney questioned
Goeders about whether he had any other knowledge regarding
Defendant's probation and parole history. Goeders replied
that he did not, other than what was in the record that he
had just read aloud. He briefly augmented that statement and
added, "Well, he was also on parole out of the Minden
District Office after the probation was revoked." He
reiterated that he was not Defendant's parole officer. No
time period for the termination of that probation revocation
was elicited from the witness.
13, 2017, following a jury trial, Defendant was convicted of
the responsive verdicts of attempted possession of a Schedule
II controlled dangerous substance on Counts One and Two and
of attempted possession of a firearm or carrying a concealed
weapon by a convicted felon on Count Three. On October 18,
2017, he was sentenced to 12 years at hard labor for Counts
One and Two and to 5 years at hard labor for Count Three, to
be served concurrently.
November 17, 2017, Defendant filed a motion to reconsider
sentence, which was denied by the ...