FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF
CALCASIEU, NO. 14776-17 HONORABLE CLAYTON DAVIS, DISTRICT
F. DeRosier Karen C. McLellan Elizabeth B. Hollins COUNSEL
FOR PLAINTIFF/APPELLEE: State of Louisiana
K. Bauman COUNSEL FOR DEFENDANT/APPELLANT: Johnnie Paul
composed of John D. Saunders, Phyllis M. Keaty, and Jonathan
W. Perry, Judges.
D. SAUNDERS JUDGE.
August 3, 2017, Defendant, Johnnie Paul Hardman, Jr., was
charged by bill of indictment with one count of armed robbery
with a firearm, in violation of La.R.S. 14:64 and 14:64.3;
two counts of conspiracy to commit armed robbery with a
firearm, in violation of La.R.S. 14:26, 14:64, and 14:64.3;
and one count of first degree murder, in violation of La.R.S.
14:30(A)(1). On May 24, 2018, a jury found Defendant guilty
as charged on all counts.
25, 2018, Defendant was sentenced to ninety-nine years at
hard labor on the armed robbery conviction plus five years on
the firearm enhancement, thirty years at hard labor for each
conspiracy conviction, and life imprisonment without benefit
of parole, probation, or suspension of sentence for the first
degree murder conviction. The trial court ordered all of
Defendant's sentences to be run consecutively.
now appeals his convictions, asserting two trial court errors
related to jury composition. Defendant contends the trial
court erred in denying his challenges for cause of Kaley
Willis and Torin Washington and in replacing juror Elijah
Washington with alternate juror Christine Granger (We will
address jurors Torin Washington and Elijah Washington by
their first names to avoid confusion).
bill of indictment charges that on July 22, 2017, Defendant,
his companion Mr. Desmond Orphey, and a juvenile with the
initials D.I., robbed Mr. Clinton Curtice while Defendant
held him at gunpoint at the 12 Palms R.V. Park in Lake
Charles, Louisiana. They then confronted Mr. Joshua Touchet
at which time Defendant shot Mr. Touchet during an attempted
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 two errors patent
that we must address concerning the sentences imposed.
the trial court failed to impose Defendant's sentence for
first degree murder at hard labor even though a hard labor
sentence is required by La.R.S. 14:30(C)(2). Thus, the
sentence is illegally lenient. See State v. Perkins,
13-245 (La.App. 3 Cir. 11/6/13), 124 So.3d 605. Although the
authority to correct an illegally lenient sentence is granted
and discretionary under La.Code Crim.P. art. 882, we choose
to take no action because an illegally lenient sentence was
not raised as an error.
the trial court erroneously imposed indeterminate sentences
for armed robbery with a firearm (104 years) and for each
count of conspiracy to commit armed robbery with a firearm
(30 years on each). Although the court minutes indicate the
trial court imposed "ninety-nine (99) years in the
custody of the Louisiana Department of Corrections, without
benefit of probation, parole or suspension of sentence, to
include an additional five (5) years on the firearm
enhancement, for a total of one hundred-four (104)
years," for Defendant's conviction of armed robbery
with a firearm, the sentencing transcript reflects that the
court imposed 104 years "without benefit."
"[W]hen the minutes and the transcript ...