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State v. Vidrine

Court of Appeals of Louisiana, Third Circuit

October 2, 2019

STATE OF LOUISIANA
v.
PAUL VIDRINE, A/K/A PAUL CHRIS VIDRINE

          APPEAL FROM THE THIRTEENTH JUDICIAL DISTRICT COURT PARISH OF EVANGELINE, NO. 109307-FA HONORABLE GARY J. ORTEGO, DISTRICT JUDGE

          Trent Brignac District Attorney - Thirteenth Judicial District Julhelene E. Jackson Assistant District Attorney - Thirteenth Judicial District COUNSEL FOR: Plaintiff/Appellee - State of Louisiana

          Chad M. Ikerd Louisiana Appellate Project COUNSEL FOR: Defendant/Appellant - Paul Vidrine, a/k/a Paul Chris Vidrine

          Court composed of Ulysses Gene Thibodeaux, Chief Judge, Billy Howard Ezell, and John E. Conery, Judges.

          CONERY, J., concurs in the result.

          ULYSSES GENE THIBODEAUX CHIEF JUDGE

         Defendant Paul Vidrine was charged by bill of information with one count of criminal trespassing on immovable property, in violation of La.R.S. 14:63(B), and one count of theft of a movable valued at $5, 000.00 or more but less than $25, 000.00, in violation of La.R.S. 14:67(B)(2). The State moved to sever the charges and proceed to a jury trial on the theft charge only. Additionally, the State filed an amended bill of information, charging Defendant with the theft only.

         During trial, the jury was unable to reach a verdict. As a result, the State moved for another amended bill of information, charging Defendant with the amended charge of illegal possession of stolen things valued at $1, 500.00 or more, in violation of La.R.S. 14:69(B)(1). Defendant pled guilty to the amended charge of possession of stolen things valued at $1, 500.00 or more. The trial court accepted the plea then ordered a pre-sentence investigation (PSI).

         Sentencing was reset several times as a result of Defendant's failure to appear in court. Ultimately, Defendant was sentenced to five years at hard labor, three years suspended, and three years of supervised probation on the illegal possession of stolen things valued at $1, 500.00 or more charge. In addition, the trial court imposed a $1, 500.00 fine, $127.50 in court costs, $350.00 to the IDB, $250.00 cost of prosecution, $100.00 warrant fee, and $50.00 to the victim fund in connection with the illegal possession of stolen things charge.

         Although the amended bill of information did not charge him with criminal trespass, the trial court nonetheless sentenced Defendant on the criminal trespass charge to ninety days in the parish jail, to run concurrently with any other sentence. The trial court also sentenced him to sixty days in the parish jail to run consecutively to any other sentence for Defendant's failure to appear for sentencing on at least two occasions.

         Defendant's appeal challenges the excessiveness of his sentence imposed for the illegal possession of stolen things.

         For the following reasons, this court orders the sentence vacated because of its indeterminate nature and the case remanded for resentencing on this charge.

         I.

         ISSUES

         We must decide:

(1) whether this court may review on appeal a sentence imposed for a misdemeanor charge, which was not included in the amended bill of information;
(2) whether there is an error patent regarding the sentence imposed for illegal possession of stolen things; and
(3) whether the trial court's ruling and sentence regarding defendant's failure to appear were proper.

         II.

         FACTS AND PROCEDURAL HISTORY

         The following factual basis was set forth by the State at Defendant's guilty plea:

He's pleading to one count of Title 14 Section 69 (B) (1) possession of stolen goods having a value of $1, 500.00 or more, the defendant shall be imprisoned with or without hard labor for not more than ten years or may be fined not more than $3, 000.00 or both. The factual circumstances[:] on or about February 7, 2017 within the Parish of Evangeline the defendant was found to be in possession of a crawfish boat which was stolen from Mr. Troy West. The approximate value of the crawfish boat was $8, 000.

         III.

         STANDARD OF REVIEW

         In accordance with La.Code Crim.P. art. 920, all appeals are reviewed by this court for errors patent. Upon reviewing the record, this court finds there is an error patent regarding the sentence imposed for illegal possession of stolen things that requires the sentence to be vacated and the case remanded for resentencing. There are also procedural issues regarding the trial court's imposition of a sentence for criminal trespass and ...


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