State Of Louisiana v. Malik K. Lawson

Supreme Court of Louisiana
July 02, 2020
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
MALIK K. LAWSON
No.2020-K-00032
_ _
_ _ _ _
I
N RE: Malik Lawson - Applicant Defendant; Applying For Writ Of Certiorari,
Parish of Orleans Criminal, Criminal District Court Number(s) 542- 667, Court of
Appeal, Fourth Circuit, Number(s) 2019-KA-0482;
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July 02, 2020
Writ application granted in part. See per curiam.
Crichton, J., would grant and docket.
Crain, J., would grant and docket.
JDH
BJJ
JLW
JTG
JHB
07/02/2020 "See News Release 023 for any Concurrences and/or Dissents."

07/02/20
SUPRE
ME COURT OF LOUISIANA
No.
2020-K-00032
STA
TE OF LOUISIANA
v.
MA
LIK K. LAWSON
ON WR
IT OF CERTIORARI TO THE COURT OF APPEAL,
FOURTH CIRCUIT, PARISH OF ORLEANS
PER CURI
AM:
Wr
it granted in part. Defendant pleaded guilty as charged to possession of a
firearm by a person convicted of certain felonies, La. R.S. 14:95.1, and resisting an
officer, La.R.S. 14:108, while reserving his right to seek appellate review of the
denial of his motion to suppress, pursuant to State v. Crosby , 338 So.2d 584 (La.
1976). The court of appeal affirmed the guilty pleas after finding the district court
did not err in denying defendant’s motion to suppress. State v. Lawson, 19-0482
(La. App. 4 Cir. 11/6/19) (unpub’d), available at 2019 WL 5791585. However, the
court of appeal found as an error patent that the district court erred in failing to
impose the f ine mandated by La.R.S. 14:95.1(B). Therefore, the court of appeal
remanded to the district court with instructions to impose the fine.
The court of appeal erred. Although an appel late court has the discretion to
correct an illegal sentence at any time , in accordance with La.C.Cr.P. art. 882 , a
sentence is not illegally lenient if it was agreed upon by both parties and the court
pursuant to La.C.Cr.P. art. 890.1. Article 890.1 provides for waiver of minimum

mandatory sentences and fines for certain offenses when a defendant pleads guilty
pursuant to a negotiated plea agreement with the prosecution and the court. See
State v. Kondylis, 14-0196 (La. 10/3/14), 149 So.3d 1210.
Here, the sentencing tr anscript shows that there was an agreement with
regard to defendant’s sentence. In addition, the State did not object to the sentence
or seek review. Therefore , the court of appeal erred in findi ng it was illegally
lenient and in ordering sua sponte that it be modified. Accordingly, we reverse the
ruling of the court of appeal with regard to this sentence, and we reinstate the
sentence imposed by the district court. The application is otherwise denied.