State v. PierreState v. Pierre
Paul D. Connick, Jr., District Attorney, State of Louisiana, Terry Boudreaux, Assistant District Attorney, Gretna, Louisiana, for Appellee State of Louisiana.
Panel composed of Judges JAMES L. CANNELLA, THOMAS F. DALEY and MARION F. EDWARDS.
JAMES L. CANNELLA, Judge.
The Defendant, Herbert Pierre, appeals his enhanced sentence of eighty years imprisonment as a habitual offender. We affirm and remand for notice of the post-conviction relief prescriptive period under
The Defendant was charged in August of 2000 with burglary of an inhabited dwelling, a violation of
The State then filed a Habitual Offender Bill of Information alleging the Defendant to be a second felony offender based on his present armed robbery conviction and a prior conviction for aggravated battery. The Defendant denied the allegations. At the hearing on April 10, 2002, the State introduced evidence of the Defendant‘s prior conviction and the testimony of a fingerprint analyst expert. The trial judge held the hearing open and, on April 12, 2002, found the Defendant to be a second felony offender and resentenced him. The trial judge vacated the Defendant‘s original sentence on the present armed robbery conviction and imposed an enhanced sentence of 80 years imprisonment at hard labor without the benefit of parole, probation or suspension of sentence. The only issue on appeal is whether the sentence is excessive.
At approximately 2:00 p.m. on July 3, 2000, the Defendant entered the Regions Bank on Belle Chasse Highway He was wearing black pants, a black hat and black sunglasses. He waited in line and when he approached the window of teller Keokuk Wilson, he stated that he wanted to make a withdrawal. The Defendant laid a blue Wal-Mart bag, which had something red inside, on the counter and pulled up his shirt to reveal a gun tucked in his
As the Defendant was leaving the bank, Ms. Wilson told her colleagues that she had been robbed. Gary Laigast, an employee of Regions Bank, saw the Defendant as he left the bank. Another employee indicated that she saw the Defendant run across Belle Chasse Highway and over the railroad tracks. Mr. Laigast looked out the window and saw the Defendant on the other side of the railroad tracks changing out of his black shirt into a red shirt and changing his pants. Mr. Laigast got into his car and drove towards the field where he had seen the Defendant. On a road near the field, Mr. Laigast watched the Defendant walking, holding a bag in his hand and wearing a red shirt and shorts. When the Defendant saw Mr. Laigast, the Defendant ran and jumped across a canal. Mr. Laigast then saw the Defendant jump over a fence and into the backyard of Marilyn Williams’ house on Hickory Street.
Ms. Williams was in her swimming pool doing exercises when the police arrived at her house. Ms. Williams’ allowed the police to search her home at which time the Defendant was found hiding under a bed in the guest bedroom. The Defendant was wearing a grey T-shirt with “Army” written across the front and grey sweat pants over a pair of shorts. Ms. Williams testified that the grey shirt and sweat pants belonged to her. She stated she had last seen the shirt in a basket on top of the washing machine in the garage and the pants had been hanging in a closet in one of the spare rooms. Approximately $8,000, the amount taken from the bank, was found in the left front pocket of the Defendant‘s shorts.
Defendant admitted at trial that he went into the house on Hickory Street and hid under the bed. He claimed that he went into the house because he saw a man with a gun on the street and he feared for his life. He denied that he had been in the Regions Bank on Belle Chasse Highway that day.
The Defendant alleges that his sentences are excessive and he asserts that the trial judge failed to articulate the factors which he considered in imposing the sentences. He also contends that he effectively received a life sentence, even though he is not dangerous, calculating or one of the worst offenders. He argues that his predicate offense of aggravated battery, which occurred nearly ten years ago, suggests a one-time loss of control rather than a substantial or protracted history of criminal wrongdoing.
The Defendant filed two separate motions for reconsideration of sentence. His first motion for reconsideration was filed the day of his original sentencing and his second motion was filed the same day on which he was resentenced as a habitual offender. In his motions, Defendant asserts that his sentences were excessive in that they violated the “United States Constitution, the Louisiana Constitution, all applicable statutes, and the Sentencing Guidelines set out by Legislative Enactment.” Defendant also specifically claims that the trial judge failed to consider mitigating circumstances in imposing his sentences.
Both the United States and Louisiana constitutions prohibit the imposition of excessive or cruel punishment.
The Defendant received the maximum sentence of 12 years for his burglary of an inhabited dwelling. He committed this crime in an attempt to escape capture after committing an armed robbery with a gun. The owner of the house was home, but was outside in the pool. The Defendant had a prior conviction for a crime of violence and was fleeing from another crime of violence at the time he committed the burglary. We find that the sentence is not excessive under these facts.
The Defendant received an enhanced sentence of 80 years imprisonment at hard labor for his armed robbery conviction. The sentencing range for armed robbery is imprisonment at hard labor for not less than ten years and for not more than ninety-nine years, without benefit of parole, probation, or suspension of sentence. For a second felony enhanced sentence,
When committing this armed robbery, the Defendant pointed a gun at the bank teller, placing her life and the lives of other employees and customers at risk. The teller was petrified. She had great difficulty testifying. In addition, the Defendant had a calculated escape plan, as evidenced by his change of clothes. In his attempt to flee, he unlawfully entered a woman‘s home, helped himself to her clothes, and hid under a bed. The Defendant‘s prior conviction, aggravated
PATENT ERROR
We have reviewed the record for patent errors pursuant to the Defendants request and in accordance with
The record reveals that the trial judge failed to advise the Defendant of the prescriptive period for post-conviction relief in accordance with
Accordingly, we hereby affirm the Defendant‘s convictions, sentence and enhanced sentence. We remand the case with an order to the trial judge to send to the Defendant, within ten days of the rendering of this opinion, written notice of the prescriptive period for post-conviction relief, and then to file written proof in the record that the Defendant received the notice.
CONVICTION AND SENTENCES AFFIRMED. CASE REMANDED FOR NOTICE OF POST-CONVICTION PRESCRIPTIVE PERIOD.