FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 387-752,
SECTION "D" Honorable Paul A Bonin, Judge
Cannizzaro, District Attorney Scott G. Vincent, Assistant
District Attorney, DISTRICT ATTORNEY'S OFFICE, ORLEANS
PARISH, COUNSEL FOR APPELLEE/STATE OF LOUISIANA
Watters, LOUISIANA APPELLATE PROJECT, COUNSEL FOR
composed of Judge Daniel L. Dysart, Judge Joy Cossich
Lobrano, Judge Tiffany G. Chase
TIFFANY G. CHASE JUDGE.
Lambert (hereinafter "Mr. Lambert") appeals the
trial court's denial of his motion to quash, motion for
discharge, and motion to reconsider sentencing pertaining to
the resentencing of his convictions for aggravated rape and
aggravated crime against nature. He asserts two counseled
assignments of error. First, Mr. Lambert maintains the
seventeen-year delay in resentencing is unreasonable,
warranting a discharge of his convictions for aggravated rape
and aggravated crime against nature. Second, he contends the
sentences imposed are excessive.
before us is Mr. Lambert's pro se writ, seeking
review of the trial court's denial of his motion to
correct an illegal sentence - life imprisonment without the
possibility of parole, probation, or suspension of sentence -
for his conviction of aggravated burglary enhanced by virtue
of being adjudged a quadruple offender. We have consolidated
this writ with this appeal.
reasons that follow, we affirm Mr. Lambert's sentences
and deny his writ.
FACTS AND PROCEDURAL HISTORY
1997, Mr. Lambert was charged by grand jury indictment of
aggravated rape (La. R.S. 14:42), aggravated burglary (La.
R.S. 14:60), and aggravated crime against nature (La. R.S.
14:89.1). A twelve-person jury found him guilty on
all counts. Mr. Lambert was sentenced to life imprisonment
without the benefit of parole, probation, or suspension of
sentence for the charge of aggravated rape; thirty years for
the charge of aggravated burglary; and fifteen years for the
charge of aggravated crime against nature. The State then
filed a multiple bill on the aggravated burglary conviction.
After a habitual offender hearing, the trial court vacated
the thirty-year sentence and resentenced Mr. Lambert as a
recidivist offender to life imprisonment. He appealed. This
Court affirmed all of Mr. Lambert's convictions, but
vacated the sentences on his convictions of aggravated rape
and aggravated crime against nature, and remanded for
resentencing because the trial court sentenced him prior to
hearing his motion for new trial. Lambert,
1998-0730, p. 45, 749 So.2d at 767. Although the trial court
ruled on other post-conviction relief, it never resentenced
Mr. Lambert on his convictions for aggravated rape and
aggravated crime against nature.
September 2017, Mr. Lambert filed a pro se motion to
clarify sentences averring that his "RAP sheet"
incorrectly reflected two life sentences and should be
amended to only reflect the life sentence resulting from the
enhanced sentence on aggravated burglary. The trial court
denied the motion for clarification as premature and
appointed Mr. Lambert counsel for a resentencing hearing.
resentencing hearing occurred on April 3, 2018. In
conjunction with the hearing, Mr. Lambert filed a pro
se motion to quash and pro se motion for
discharge from custody based on the delay in resentencing.
These motions were denied and the court resentenced Mr.
Lambert to life imprisonment without the benefit of parole,
probation, or suspension of sentence on the count of
aggravated rape, and fifteen years on the count of aggravated
crime against nature, with both sentences to run
concurrently, with credit for time served. After his motion
to reconsider the sentences was denied, Mr. Lambert timely
the appeal was lodged in this Court, Mr. Lambert filed a
pro se motion in the trial court to correct his
multiple offender sentence on the aggravated burglary
conviction on the grounds of retroactive application of La.
R.S. 15:308 and State ex rel. Esteen v. State,
2016-0949 (La. 1/30/18), 239 So.3d 233. The trial court
denied the motion in a written ruling, finding Mr. Lambert
would be ineligible for relief. Since he was resentenced to
life imprisonment for the charge of aggravated rape, the
retroactive application would not ameliorate his
circumstances. La. R.S. 15:308(B). Mr. Lambert filed a
pro se writ to this Court seeking supervisory review
and further requesting a stay of his appeal or consolidation
of his writ into his appeal. As disposition of this claim is
germane to the appeal of his life sentence for aggravated
rape, we ordered the writ to be consolidated with the instant