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State v. Calloway

Court of Appeals of Louisiana, Fifth Circuit

December 30, 2019

STATE OF LOUISIANA
v.
TERRANCE DARNELL CALLOWAY

          ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 16-4811, DIVISION "F" HONORABLE MICHAEL P. MENTZ, JUDGE PRESIDING

          COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA HONORABLE PAUL D. CONNICK, JR. TERRY M. BOUDREAUX

          COUNSEL FOR DEFENDANT/APPELLANT, TERRANCE DARNELL CALLOWAY GWENDOLYN K. BROWN

          Panel composed of Judges Fredericka Homberg Wicker, Marc E. Johnson, and Robert A. Chaisson

          ROBERT A. CHAISSON JUDGE

         RAC

         FHW

         MEJ

         Defendant, Terrance Darnell Calloway, appeals the consecutive sentences the trial court imposed after a jury convicted him of second degree murder and obstruction of justice. For the reasons that follow, we affirm defendant's convictions and sentences.

         PROCEDURAL HISTORY

         On September 29, 2016, a Jefferson Parish Grand Jury returned an indictment charging defendant with second degree murder, in violation of La. R.S. 14:30.1 (count one), [1] and obstruction of justice, in violation of La. R.S. 14:130.1 (count two). On September 30, 2016, defendant pled not guilty at his arraignment. Trial in this matter began with jury selection on June 11, 2018, and concluded on June 13, 2018, when the twelve-person jury unanimously found defendant guilty as charged.

         On June 27, 2018, defendant filed a motion for new trial and a motion for post-verdict judgment of acquittal. On the same day, defendant filed a written motion for appeal. According to the transcript, on June 28, 2018, the trial court denied defendant's motions for new trial and post-verdict judgment of acquittal and then granted the motion for appeal. After two victim impact statements were read, the trial court sentenced defendant to life in prison without benefit of parole, probation, or suspension of sentence on count one. The trial court also sentenced defendant to forty years at hard labor on count two to run consecutively with his sentence on count one. Due to defendant's actions during sentencing, the trial court also found him in contempt of court and sentenced him to an additional three months.

         In his first appeal, defendant argued that the trial court erred by imposing his sentences consecutively and by proceeding directly to sentencing without first obtaining a waiver of sentencing delays. This Court found that based upon the transcript, the trial court was divested of jurisdiction to sentence defendant after it granted his motion for appeal, and defendant's only assignments of error involved sentencing issues. In light of due process considerations, this Court vacated defendant's sentences and remanded the matter for resentencing, noting that once defendant was resentenced, he had the right to appeal his convictions and sentences. See State v. Calloway, 18-708 (La.App. 5 Cir. 4/24/19), 271 So.3d 349.

         In compliance with this Court's directive, the trial court resentenced defendant on May 30, 2019, to life in prison at hard labor without benefit of parole, probation, or suspension of sentence on count one, and forty years at hard labor on count two to run consecutively. It also re-imposed the previous three-month sentence for the contempt of court. Defendant objected to the excessive and consecutive nature of "the sentence" and thereafter filed a motion to reconsider ...


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