State of Louisiana v. Chonquaro Green

DO NOT PUBLISH

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

14-334

STATE OF LOUISIANA

VERSUS

CHONQUARO GREEN

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APPEAL FROM THE
TWENTY-SEVENTH JUDICIAL DISTRICT COURT
PARISH OF ST. LANDRY, NO. 12-K-3670 c/w 12-K-3734
HONORABLE ALONZO HARRIS, JUDGE

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J. DAVID PAINTER
JUDGE

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Court composed of John D. Saunders, Billy Howard Ezell, and J. David Painter,
Judges.

AFFIRMED.

Brent Hawkins
Louisiana Appellate Project
P.O. Box 3752
Lake Charles, LA 70602
COUNSEL FOR DEFENDANT-APPELLANT:
Chonquaro Green

Earl B. Taylor
District Attorney
Jennifer M. Ardoin
Assistant District Attorney
P. O. Drawer 1968
Opelousas, LA 70571
COUNSEL FOR APPELLEE:
State of Louisiana

PAINTER, Judge.

Defendant, Chonquaro Green, appeals the failure of the trial court to give

him credit for time served in connection with his conviction for forcible rape and

the sentence imposed therefor.

FACTS AND PROCEDURAL HISTORY

Defendant forced the victim into his truck while armed with a hatchet. He

raped the victim twice.

Defendant was charged with aggravated kidnapping, a violation of La.R.S.

14:44, and aggravated rape, a violation of La.R.S. 14:42. A jury found Defendant

not guilty of the charge of aggravated kidnapping and guilty of the responsive

verdict of forcible rape on the second count.

After a hearing on a habitual offender bill, the trial court found Defendant to

be a second offense sex offender under La.R.S. 15:529.1 and sentenced him to

thirty years at hard labor without benefit of probation, parole, or suspension of

sentence.

This court has examined the record pursuant to La.Code Crim.P. art 920 and

has found no other errors patent.

DISCUSSION

Defendant asserts that the trial court committed error patent by failing to

order credit for time served pursuant to La.Code Crim.P. art 880. The transcript of

sentencing does not indicate that the trial court ordered that Defendant be given

credit for time served. Louisiana Code of Criminal Procedure Article 880 provides

in pertinent part that:

A. A defendant shall receive credit towards service of his sentence for
time spent in actual custody prior to the imposition of sentence.

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The historical notes to article 880 provide: “This Article makes the credit for

prior custody self-operating even on a silent record. It does not change the law.” In

State v. Hebert, 97-1742 (La.App. 3 Cir. 6/3/98), 716 So.2d 63, writ denied, 98-

1813 (La. 11/13/98), 730 So.2d 455, cert. denied, 529 U.S. 1072, 120 S.Ct. 1685

(2000), this court discontinued recognizing the failure to give credit for time served

as an error patent. Therefore, we find no error in the trial court’s failure to state

that it was giving credit for time served.

CONCLUSION

Therefore, Defendant’s conviction and sentence are affirmed.

AFFIRMED.

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