State of Louisiana Versus Dartanya O. Spottsville AKA "Lo"

STATE OF LOUISIANA NO. 24-KA-26

VERSUS FIFTH CIRCUIT

DARTANYA O. SPOTTSVILLE AKA "LO" COURT OF APPEAL

STATE OF LOUISIANA

January 02, 2025

Linda Wiseman
First Deputy Clerk

ON APPLICATION FOR REHEARING

Panel composed of Susan M. Chehardy,
Fredericka Homberg Wicker, and Timothy S. Marcel

REHEARING GRANTED

FHW
SMC
TSM

WICKER, J.

On November 12, 2024, the State of Louisiana filed an Application for

Rehearing from our decision rendered on October 30, 2024 (the “Original Opinion”),

affirming the convictions of Dartanya O. Spottsville on all Counts, affirming Mr.

Spottsville’s sentences as to Counts 1, 2, and 4, and remanding Count 3 to the trial

court for correction of the Minute Entry of Sentencing and the Uniform Commitment

Order (“UCO”) as to Count 3 to reflect that the sentence as to Count 3 was imposed

without benefits of probation, parole or suspension of sentence. In our Original

Opinion, we remanded the matter to the trial court with instructions to amend the

Minute Entry of Sentencing and the UCO to reflect that the sentence on Count 3 was

imposed without benefits of probation, parole or suspension of sentence. This Court

was notified on November 13, 2024, that the Minute Entry of Sentencing and the

UCO have been corrected by the trial court to reflect that Mr. Spottsville’s sentence

as to Count 3 was imposed without benefits of probation, parole or suspension of

sentence and that the UCO has been transmitted to the appropriate authorities.

In its application for rehearing, the State asks us to clarify our opinion as to

Count 3 to reflect that the sentence as to Count 3 was affirmed, to delete the

statement on page one of our Original Opinion that the sentence as to Count 3 is

“illegal,” and to instruct the trial court to transmit the UCO to the institution to which

the defendant has been sentenced and to the Department of Corrections. In our

Original Opinion, we correctly recognized that when a trial court does not impose

the required restriction of benefits of probation, parole or suspension of sentence,

such conditions are deemed to exist by operation of law under La. R.S. 15:30.1.

Accordingly, we recognize that the sentence as to Count 3 is not “illegal,” as stated

on page one of our Original Opinion and we grant the State’s application for

rehearing for the limited purposes of eliminating that statement on page one of our

24-KA-26 1

Original Opinion and clarifying our ruling that the sentence as to Count 3 was

affirmed. As the trial court has corrected the Minute Entry of Sentencing and the

UCO to reflect that the sentence as to Count 3 was imposed without benefits of

probation, parole or suspension of sentence and has sent the corrected UCO to the

appropriate authorities, the State’s request that the corrected UCO be sent to the

institution in which the defendant is incarcerated and to the Department of

Correction is moot.

Accordingly, the application for rehearing filed by the State is GRANTED,

in part, for the purpose of eliminating the statement on page one of our Original

Opinion that the sentence as to Count 3 is “illegal” and for the purpose of clarifying

our Original Opinion as follows:

CONVICTIONS AND SENTENCES AFFIRMED
AS TO ALL COUNTS.

24-KA-26 2

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
STEPHEN J. WINDHORST LINDA M. WISEMAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 01/02/2025 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

24-KA-26
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Stephen C. Grefer (District Judge)
Gwendolyn K. Brown (Appellant) Matthew R. Clauss (Appellee) Thomas J. Butler (Appellee)

MAILED
Honorable Paul D. Connick, Jr. (Appellee)
District Attorney
Twenty-Fourth Judicial District
200 Derbigny Street
Gretna, LA 70053