Appealed from the First Judicial District Court for the
Parish of Caddo, Louisiana Trial Court No. 185469 Honorable
Brady D. O'Callaghan, Judge
LOUISIANA APPELLATE PROJECT By: Peggy J. Sullivan Counsel for
E. STEWART, SR. District Attorney Counsel for Appellee
JAN JOHNSON Assistant District Attorney
MOORE, STEPHENS, and McCALLUM, JJ.
Wayne Bryant ("Bryant") appeals his sentence.
Bryant asserts that the trial court erred by not appointing
an attorney to represent him during the resentencing. He
contends the judge did not conduct an adequate colloquy to
determine if his waiver was knowing, intelligent, and
voluntary. Bryant argues that he was entitled to be
resentenced and the trial court erred in not considering any
reduction in sentence. He contends that his life sentence is
unconstitutionally harsh and excessive.
convicted Bryant of one count of attempted simple burglary of
an inhabited dwelling in July, 1997. Thereafter, Bryant was
adjudicated a fourth-felony habitual offender with a prior
crime of violence and sentenced to life imprisonment without
benefit of probation, parole, or suspension of sentence.
Bryant appealed his conviction and sentence. This Court
affirmed the conviction and sentence. State v.
Bryant, 34, 244 (La.App. 2 Cir. 12/6/00), 775 So.2d 596,
writ denied, 2001-0144 (La. 2001) 802 So.2d 627.
filed a motion to correct an illegal sentence, arguing that
his life sentence was illegal, on February 26, 2018. The
trial court denied that motion. Bryant sought supervisory
review, and on June 28, 2018, this Court granted Bryant's
writ in part and remanded the matter with instructions.
Because Bryant's life sentence was authorized by both La.
R.S. 15:529.1(A)(1)(c)(i) and (ii), this Court found that the
term of Bryant's sentence was not illegal and denied the
writ in part, "as it relates to Bryant's life
term." However, this Court found that the parole
ineligibility contained in Bryant's sentence was illegal
because La. R.S. 14:62.2 (1997) contained a prohibition on
parole for the first year of the sentence only. This Court
reversed the trial court's denial of Bryant's motion
to correct an illegal sentence in part, and remanded
"for resentencing pursuant to the more lenient
provisions of [La. R.S. 15:529.1(A)(1)(c)(i)], as enacted by
the legislature in 2001 La. Acts 403." The life sentence
was left undisturbed by this Court and the matter remanded
for resentencing as concerns the eligibility for parole
August 2, 2018, the trial court resentenced Bryant to life
imprisonment with the first year to be served without benefit
of parole and with no eligibility for probation or suspension
of sentence. Bryant sought review of that sentence by writ of
supervisory review. We remanded that writ for perfection as
- RIGHT TO COUNSEL
admits that the trial court offered to appoint an attorney to
represent him or allow him time to hire an attorney. He
admits he waived counsel because he thought that he could
handle the case on his own. Bryant now argues that the trial
court should have conducted an additional colloquy to
determine his ability to represent himself and asserts that a
sentence imposed in the absence of counsel is invalid.
State highlights Bryant's waiver of counsel at
resentencing. It further argues that because Bryant's
resentencing was limited to a determination of parole
eligibility, it was a mere ministerial function not allowing
discretion of the ...