State of Louisiana v. Darrell Lamont Algere

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

08-1443

STATE OF LOUISIANA

VERSUS

DARRELL LAMONT ALGERE

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APPEAL FROM THE
SIXTEENTH JUDICIAL DISTRICT COURT
PARISH OF IBERIA, NO. 07-61
HONORABLE EDWARD LEONARD, JR., DISTRICT JUDGE

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OSWALD A. DECUIR
JUDGE

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Court composed of Oswald A. Decuir, Michael G. Sullivan, and Billy Howard Ezell,
Judges.

APPEAL DISMISSED;
REMANDED FOR SENTENCING.

Jeffrey J. Trosclair
Assistant District Attorney
St. Mary Parish Courthouse
Franklin, LA 70538
(337) 828-4100, Ext. 550
Counsel for Appellee:
State of Louisiana

Carey J. Ellis, III
Louisiana Appellate Project
P.O. Box 719
Rayville, LA 71269
(318) 728-2043
Counsel for Defendant/Appellant:
Darrell Lamont Algere

Darrell Lamont Algere
IN PROPER PERSON
Louisiana State Prison
CBA-LL2
Angola, LA 70712

DECUIR, Judge.

Darrell Lamont Algere was charged with one count of attempted first degree

murder, a violation of La.R.S. 14:27 and 14:30, one count of aggravated burglary, a

violation of La.R.S. 14:60, and one count of possession of a firearm by a convicted

felon, a violation of La.R.S. 14:95.1. The charge of aggravated burglary was nolle

prossed, and the attempted first degree murder charge was reduced to attempted

second degree murder, a violation of La.R.S. 14:27 and 14:30.1. Defendant filed a

“Motion to Enter a Plea of ‘Not Guilty and Not Guilty by Reason of Insanity’” and

“Motion to Form Sanity Commission.” The trial court ordered a sanity commission

to be convened wherein the trial court determined that Defendant was competent to

proceed to trial.

The jury found Defendant guilty of attempted second degree murder and

possession of a firearm by a convicted felon. Subsequently, Defendant was charged

by bill of information as a second felony offender pursuant to La.R.S. 15:529.1.

Defendant was sentenced on the conviction for attempted second degree

murder to forty years at hard labor without the benefit of parole, probation, or

suspension of sentence. The trial court did not impose a sentence on the conviction

for possession of a firearm by a convicted felon.

Defendant has perfected a timely appeal, wherein he asserts that the sentence

of forty years imprisonment imposed on the conviction for attempted second degree

murder is excessive.

ERRORS PATENT

In accordance with La.Code Crim.P. art. 920, all appeals are reviewed for

errors patent on the face of the record. After reviewing the record, we find one error

patent.

The record before this court does not indicate that the trial court imposed a

sentence on Defendant’s conviction of possession of a firearm by a convicted felon.

Following the Defendant’s trial, a sentencing hearing was held, and the State

announced the parties were there for sentencing on the Defendant’s conviction of

attempted second degree murder. The trial court sentenced the Defendant on the

attempted second degree murder conviction to forty years at hard labor without the

benefit of probation, parole, or suspension of sentence. There was no mention at the

sentencing hearing of the conviction of possession of a firearm by a convicted felon.

Additionally, this conviction was not included in the habitual offender bill filed by

the State seeking to enhance the sentence imposed on the attempted second degree

murder conviction. Consequently, we remand to the trial court for sentencing on the

conviction of possession of a firearm by a convicted felon.

ASSIGNMENT OF ERROR

Defendant asserts that the sentence of forty years imprisonment without the

benefit of parole, probation, or suspension of sentence imposed on the conviction for

attempted second degree murder was constitutionally excessive.

The issue of whether Defendant’s sentence was excessive is moot. On June 19,

2008, the State filed a habitual offender bill charging Defendant as a second felony

offender pursuant to La.R.S. 15:529.1. On August 5, 2008, following the habitual

offender hearing wherein Defendant was adjudicated a second felony offender, the

sentence of forty years was vacated, and Defendant was sentenced to seventy-five

years imprisonment.

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DECREE

For the foregoing reasons, Defendant’s appeal is dismissed, and the case is

remanded for sentencing on the possession of a firearm by a convicted felon

conviction.

APPEAL DISMISSED; REMANDED FOR SENTENCING.

This opinion is NOT DESIGNATED FOR PUBLICATION. Rule 2-16.3, Uniform Rules,
Courts of Appeal.

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