State Of Louisiana v. Kenneth P. Johnson

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2025 KW 0415

VERSUS

KENNETH P. JOHNSON JULY 14, 2025

In Re: Kenneth P. Johnson, applying for supervisory writs, 17th
Judicial District Court, Parish of Lafourche, No.
622483.

BEFORE : HESTER, EDWARDS, AND BALFOUR, JJ.

WRIT GRANTED IN PART AND NOT CONSIDERED IN PART. The trial
court sentenced the defendant on each misdemeanor count to six
months in jail and ordered the sentences to be served
consecutively, resulting in an aggregate sentence of one year.
The sentence in this matter is illegal as it exceeds the statutory
limit. See La. Code Crim. P. art. 493.1. See also La. R.S.
14:108(C) & La. R.S. 14:63.3(B). Accordingly, the sentence on
each count is vacated and this matter is remanded for resentencing
in accordance with this ruling. In all other respects, this court
declines to consider the writ application as relator failed to
file his request for a return date thirty days from the judgment
of conviction. See Uniform Rules of Louisiana Courts of Appeal,
Rule 4-2. Supplementation of this writ application and/or an
application for rehearing will not be considered. See Uniform
Rules of Louisiana Courts of Appeal, Rules 2-18.7 & 4-9,

URT OF APPEAL, FIRST CIRCUIT
Lu odha ADO ha
DAPUTY CLERK OF COURT
FOR THE COURT