Appealed from the First Judicial District Court for the
Parish of Caddo, Louisiana Trial Court No. 190230, Honorable
Katherine Clark Dorroh, Judge
LOUISIANA APPELLATE PROJECT, Peggy J. Sullivan. Counsel for
HOPKINS Pro Se
E. STEWART, SR, Counsel for Appellee
W. WALTMAN, TOMMY J. JOHNSON, Assistant District Attorneys
WILLIAMS, GARRETT, and STONE, JJ.
defendant, Troy Hopkins, was convicted of manslaughter
pursuant to La. R.S. 14:31, adjudicated as a third-felony
offender and sentenced to the mandatory term of life
imprisonment without benefits. His conviction and sentence
were affirmed on appeal. State v. Hopkins, 34, 119
(La.App. 2 Cir. 12/20/00), 774 So.2d 1178. Hopkins filed a
motion to correct illegal sentence under State ex rel.
Esteen v. State, 16-0949 (La. 1/30/18), 239 So.3d 233.
The trial court granted the motion and set the matter for
resentencing. Hopkins was resentenced to 65 years at hard
labor. Hopkins appeals his sentence. For the following
reasons, Hopkins' sentence is affirmed and the matter is
remanded for correction of the minutes.
October 20, 1999, Hopkins was convicted by the jury of the
responsive verdict of manslaughter, in violation of La. R.S.
14:31. The following facts are taken from this Court's
prior opinion on appeal of Hopkins' conviction and
On August 31, 1997, at approximately 3:00 p.m., Defendant
shot and killed the victim, Roderick Adger, while on the way
to make a drug exchange. Mr. Adger's friend, Amy White,
was present during the shooting.
Mr. Adger, who lived with his girlfriend in a house on Lyon
Street, contacted Ms. White, who lived in Mr. Adger's
home on Malcolm Street, about a half block away. Mr. Adger,
disturbing Ms. White's sleep, informed her that Defendant
would be arriving at the house on Malcolm Street, at which
time Ms. White was to go to Mr. Adger's residence on Lyon
Street and inform him of Defendant's arrival. Ms. White
informed Mr. Adger of Defendant's arrival at the Lyon
Street address, at which time Mr. Adger armed himself with
his .38 caliber pistol hidden under his shirt and sagged
Himon Jones, Jr., Mr. Adger's first cousin, had just
arrived at Mr. Adger's Lyon Street address to deliver a
vehicle belonging to Mr. Adger's girlfriend, Philea, on
which he had been making repairs. Mr. Adger, accompanied by
Ms. White and Mr. Jones, drove the vehicle to the Malcolm
Street address to meet Defendant. While at her home, Ms.
White secured her nine-millimeter pistol in a brown paper bag
to carry with her on the drug transaction.
Mr. Adger, Ms. White, Mr. Jones and Defendant then left the
Malcolm Street address together in the vehicle. Seated in the
four-door vehicle were Mr. Adger in the driver's seat,
Defendant in the front passenger seat, and Mr. Jones and Ms.
White in the backseat. Mr. Jones testified that, after having
traveled only a short distance, he noticed that Defendant was
pointing a pistol at him. Mr. Jones then jumped from the
moving vehicle. Startled by Mr. Jones' immediate
departure from the vehicle, Ms. White looked up to discover
that Defendant was pointing a pistol at the side of Mr.
Adger's head. Defendant demanded whatever drugs and money
Mr. Adger possessed, which Mr. Adger turned over. As the
remaining trio drove down Wallace Street toward Midway
Street, only a few blocks from the initial point of