State of Louisiana v. Lloyd Richardson

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

16-145

STATE OF LOUISIANA

VERSUS

LLOYD RICHARDSON

************
APPEAL FROM THE
TWENTY-SEVENTH JUDICIAL DISTRICT COURT
PARISH OF ST. LANDRY, DOCKET NUMBER 13-K-5904-A
HONORABLE JAMES P. DOHERTY, JR., DISTRICT JUDGE

************
SYLVIA R. COOKS
JUDGE
************

Court composed of Sylvia R. Cooks, Billy H. Ezell, and John E. Conery, Judges.

APPEAL DISMISSED.

Earl B. Taylor
Twenty-Seventh Judicial District Attorney
P. O. Drawer 1968
Opelousas, LA 70571
Telephone (337) 948-3041
COUNSEL FOR APPELLEE:
State of Louisiana

Chad M. Ikerd
Louisiana Appellate Project
P. O. Box 2125
Lafayette, LA 70502
Telephone (225) 806-2930
COUNSEL FOR APPELLANT:
Lloyd Richardson

Cooks, Judge.
On March 31, 2014, the Defendant-Appellant, Lloyd Richardson, was

charged with the December 10, 2013 armed robbery of Patrick Layssard in

violation of La.R.S. 14:64 and 14:64.3 (use of a firearm) in docket number 13-K-

5904. Subsequently, on May 5, 2015, a second bill of information was filed

charging three offenses, the second of which was the aforementioned charge

originally filed in docket number 13-K-5904. The bottom of the face of the bill

contained the notation:

Amended Bill
13-K-5762-A
13-K-5904-A
Consolidated into the Lower Division

The Defendant was acquitted of the charge of armed robbery of Patrick Layssard

(Count II). However, he was convicted and sentenced on the charges contained in

Counts I and III. An appeal was granted by the trial court in both docket numbers

13-K-5762-A and 13-K-5904-A. The appeal of docket number 13-K-5904-A was

assigned docket number 16-145 by this court.

On March 15, 2016, this court issued a rule to show cause why the appeal

granted in 13-K-5904-A should not be dismissed as the Defendant-Appellant was

acquitted of the charge originally contained in this docket number. La.Code

Crim.P. art. 912(C)(1). On March 30, 2016, a response was received from the

Defendant-Appellant acknowledging that this appeal should be dismissed as the

Defendant has no conviction in 13-K-5904.

Louisiana Code of Criminal Procedure Article 912(C) permits an appeal by a

defendant from a judgment which imposes sentence which did not occur in this

case. Accordingly, we hereby dismiss Defendant-Appellant’s appeal.

APPEAL DISMISSED.