State v. Carter, 210 So. 3d 306

George Adonis Carter was convicted of armed robbery with a firearm (count one) and being a convicted felon in possession of a firearm (count two).
Original sentences: 99 years at hard labor (armed robbery) plus 5 years for firearm enhancement; 20 years at hard labor for felon-in-possession; sentences to run consecutively.
This court affirmed the convictions but vacated the sentences and remanded for resentencing because the trial court sentenced before the mandatory 24-hour delay required by La. C.Cr.P. art. 873.
At resentencing the trial court initially misstated that fines had been imposed, then, after review, reimposed the original prison terms without mentioning fines.
Appellant alleged (1) the resentencing included $5,000 in excessive fines, and (2) a prior juvenile conviction was improperly used as a habitual-offender predicate.
On review the court found a sentencing error: the felon-in-possession conviction (count two) carries a mandatory fine between $1,000 and $5,000 under La. R.S. 14:95.1B; no fine was imposed, so the sentence was illegally lenient and was amended to add the minimum $1,000 fine.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether resentencing imposed $5,000 in fines	State: resentencing transcript and minutes show no fines were imposed	Carter: trial court included $4,000 (count one) and $1,000 (count two), totaling $5,000, and they are excessive	Court: fines mentioned pre-recess were not part of the reimposed sentence; no excessive-fine error on appeal
Whether a juvenile conviction was used as a habitual-offender predicate	State: no habitual-offender bill in record; sentences not enhanced under habitual-offender law	Carter (pro se): prior juvenile conviction used to sentence him as habitual offender	Court: issue not raised at trial; procedurally defaulted under La. C.Cr.P. art. 841, so not addressed on appeal
Whether sentence for felon-in-possession omitted mandatory statutory fine	State: sentencing omitted the statutorily required fine under La. R.S. 14:95.1B	Carter: contends fines were excessive or improperly imposed	Court: omission rendered sentence illegally lenient; appellate court may correct ministerially and amended count two to add the $1,000 minimum fine

State v. Carter, 167 So.3d 970 (La. App. 1 Cir.) (prior appeal affirming convictions and remanding for resentencing)
State v. Bell, 169 So.3d 417 (La. App. 1 Cir.) (addressing illegal leniency under statutory fine provisions)
State v. Passow, 136 So.3d 12 (La. App. 1 Cir.) (statutory fine requirement under Section 14:95.1B)
State v. Williams, 800 So.2d 790 (La.) (no right to an illegally lenient sentence)
State v. Kondylis, 149 So.3d 1210 (La.) (appellate authority to correct illegal sentences)
State v. Haynes, 889 So.2d 224 (La.) (limits on appellate amendment of sentences)
State v. Gregoire, 143 So.3d 503 (La. App. 1 Cir.) (ministerial correction of mandatory fine does not violate due process)