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State v. Bias

Court of Appeals of Louisiana, Third Circuit

February 6, 2019

STATE OF LOUISIANA
v.
LADRAY BIAS, JR.

          APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU, NO. 12308-17 HONORABLE G. MICHAEL CANADAY, DISTRICT JUDGE.

          John F. DeRosier District Attorney Fourteenth Judicial District Court Daniel Vermaelen Elizabeth B. Hollins Assistant District Attorneys COUNSEL FOR APPELLEE: State of Louisiana

          Edward K. Bauman Louisiana Appellate Project COUNSEL FOR DEFENDANT/APPELLANT: Ladray Bias, Jr.

          Court composed of Ulysses Gene Thibodeaux, Chief Judge, John D. Saunders, and D. Kent Savoie, Judges.

          JOHN D. SAUNDERS JUDGE.

         Defendant, Ladray Bias, Jr., was charged with the attempted second degree murder of the victim, Brittany Dionne Watson, in violation of La.R.S. 14:27 and 14:30.1, on September 8, 2016. He was found guilty as charged on June 15, 2017. The trial court sentenced him to serve forty years at hard labor with credit for time served on August 21, 2017. Defendant filed a motion to reconsider his sentence, and the trial court denied it on September 11, 2017.

         On June 26, 2017, the State charged Defendant as a second felony offender pursuant to La.R.S. 15:529.1. The trial court vacated Defendant's sentence on November 29, 2017, adjudicated him a second felony offender, and resentenced him to serve seventy years at hard labor without benefit of probation, parole, or suspension of sentence. Defendant filed a motion to reconsider his habitual offender sentence, contending the original forty-year sentence was appropriate. The trial judge denied the motion on December 13, 2017. Defendant now seeks review of his conviction for attempted second degree murder and of his multiple offender sentence.

         We addressed Defendant's first assignment of error, alleging insufficient evidence for a conviction, in our opinion in docket number 18-268. We address the second assignment of error, alleging an excessive sentence, in this opinion in the present docket number, 18-665, the appeal taken after Defendant's habitual offender adjudication and resentencing.

         FACTS:

         Defendant stabbed the victim four times in her head, neck, chest, and back during an argument on July 29, 2016.

         ERRORS PATENT:

         In accordance with La.Code Crim.P. art. 920, all appeals are reviewed by this court for errors patent on the face of the record. After reviewing the record, we find no errors patent.

         ASSIGNMENT OF ERROR NUMBER ONE:

         Defendant alleges the evidence was insufficient to convict him of attempted second degree murder. Because that issue pertained to his underlying conviction, we discussed the issue ...


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