FROM THE THIRTEENTH JUDICIAL DISTRICT COURT PARISH OF
EVANGELINE, NO. 109307-FA HONORABLE GARY J. ORTEGO, DISTRICT
Brignac District Attorney - Thirteenth Judicial District
Julhelene E. Jackson Assistant District Attorney - Thirteenth
Judicial District COUNSEL FOR: Plaintiff/Appellee - State of
M. Ikerd Louisiana Appellate Project COUNSEL FOR:
Defendant/Appellant - Paul Vidrine, a/k/a Paul Chris Vidrine
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
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.
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).
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.
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
appeal challenges the excessiveness of his sentence imposed
for the illegal possession of stolen things.
following reasons, this court orders the sentence vacated
because of its indeterminate nature and the case remanded for
resentencing on this charge.
(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.
AND PROCEDURAL HISTORY
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.
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 ...