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State v. Jackson

Court of Appeals of Louisiana, Fourth Circuit

October 16, 2019

STATE OF LOUISIANA
v.
WAYNE JACKSON

          APPEAL FROM ST. BERNARD 34TH JUDICIAL DISTRICT COURT NO. 15-00817, DIVISION "C" Honorable Kim C. Jones, Judge

          Perry M. Nicosia District Attorney Josephine P. Heller Assistant District Attorney DISTRICT ATTORNEY'S OFFICE ST. BERNARD PARISH COUNSEL FOR STATE OF LOUISIANA/APPELLEE

          Bruce G. Whittaker LOUISIANA APPELLATE PROJECT COUNSEL FOR DEFENDANT/APPELLANT

          Court composed of Judge Roland L. Belsome, Judge Regina Bartholomew-Woods, Judge Dale N. Atkins

          ROLAND L. BELSOME, JUDGE

         The defendant, Wayne Jackson, challenges his conviction and sentence. For the reasons that follow, the conviction and sentence are affirmed.

         Facts

         On December 5, 2014, Nathanial Hebert and his wife, Heather, were living in an apartment on Lyndell Drive in Chalmette, Louisiana. They were getting ready to go out when they heard a lot of noise from the upstairs neighbors. He called the police because the noise was very loud. Mr. Hebert walked out of his apartment and saw his neighbors' children standing outside. The children said that their father had hurt their mother. Mr. Hebert went to the apartment and saw the victim in the living room. Mr. Hebert called 911 for help. He stated that the victim was bleeding from her neck, face and arms and she was gasping for breath.

         Deputy Joshua English responded to a domestic call involving a potential stabbing on December 5, 2014. When the officer arrived on the scene, he observed a woman in the living room who appeared to have been stabbed multiple times. When Deputy English entered the kitchen, he saw a man, later identified as the defendant, who also appeared to have been stabbed. Khalil Sudlow, the victim's son, identified the defendant as the person who stabbed his mother several times after an argument.

         Procedural History

         On January 20, 2015, the defendant, Wayne Jackson, was charged by bill of information with the attempted second degree murder of Ameisha Jackson. The defendant pled not guilty at his arraignment. Subsequent to his not guilty plea, counsel for the defendant made an oral motion for a sanity commission, which the trial court granted. After a sanity commission hearing on August 13, 2015, the defendant was found competent to proceed. On October 20, 2015, the defendant withdrew his not guilty plea and pled guilty to the offense. Then, on April 19, 2016, the defendant filed a motion to withdraw his guilty plea. The trial court granted the motion on the same date. In October of 2017, the defendant filed a motion to change his plea to not guilty and not guilty by reason of insanity. The trial court granted the motion and ordered a sanity commission. Approximately seven months later, the defendant and the State of Louisiana received the experts' reports on the defendant's sanity at the time of the offense.

         After a three-day jury trial, the jury found the defendant guilty as charged. The defendant subsequently filed motions in arrest of judgment and for a new trial. After a hearing on October 16, 2018, the trial court denied the motions. At the sentencing hearing, the trial court sentenced the defendant to serve thirty-five years at hard labor, with credit for time served. The defendant orally filed a motion for appeal, which was granted by the trial court.

         Errors Patent

         A review of the record for errors patent reveals that the trial court failed to state that the defendant's sentence was to be served without benefit of parole, probation, or suspension of sentence. La. R.S. 14: 30.1. and La. R.S. 14:27 require that a person convicted of attempted second degree murder serve the sentence imposed without benefit of parole, probation or suspension of sentence. The trial court failed to impose these restrictions at the sentencing hearing held on December 18, 2018. These restrictions are automatically contained in the sentence whether or not imposed by the sentencing court. La. R.S. 15:301.1(A); State v. Dominick, 2013-0121, p. 5-6 ...


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