State of Louisiana v. Phillip Andrew Schane AKA Phillip Schane

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

17-607

STATE OF LOUISIANA

Plaintiff-Appellee

VERSUS

PHILLIP ANDREW SCHANE
aka PHILLIP SCHANE

Defendant-Appellant

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APPEAL FROM THE
SIXTEENTH JUDICIAL DISTRICT COURT
PARISH OF IBERIA, NO. 22973
HONORABLE PAUL J. DEMAHY, JUDGE

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SHANNON J. GREMILLION
JUDGE

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Court composed of Shannon J. Gremillion, Phyllis M. Keaty, D. Kent Savoie,
Judges.

APPEAL STAYED.

Robert Vines
Assistant District Attorney
300 Iberia Street
New Iberia, Louisiana 70560
(337) 369-4420
COUNSEL FOR APPELLEE:
State of Louisiana

Edward K. Bauman
Louisiana Appellant Project
P.O. Box 1641
Lake Charles, Louisiana 70602-1641
(337) 491-0570
COUNSEL FOR APPELLANT:
Phillip Andrew Schane
aka Phillip Schane

Gremillion, Judge.

On February 21, 1980, Defendant-Appellant entered a plea of guilty to the

lesser charge of second degree murder, a violation of La.R.S. 14:30.1, and was

sentenced to life imprisonment without the benefit of probation, parole, or

suspension of sentence.

On October 24, 2016, Defendant-Appellant filed a motion to correct an

illegal sentence with the trial court. On November 16, 2016, an evidentiary

hearing was held on Defendant-Appellant’s motion to correct an illegal sentence;

thereat, the trial court denied Defendant-Appellant’s motion to correct an illegal

sentence.

On January 12, 2017, Defendant-Appellant filed a “MOTION TO

RECONSIDER SENTENCE” with the trial court. The trial court denied

Defendant-Appellant’s motion to reconsider sentence on January 17, 2017.

On February 17, 2017, Defendant-Appellant filed a “NOTICE OF

INTENTION TO APPLY FOR SUPERVISROY WRITS AND MOTION FOR

RETURN DATE” regarding the trial court’s denial of the motion to reconsider

sentence. On March 2, 2017, the trial court granted Defendant-Appellant’s notice

of intent with a return date of April 17, 2017.

On March 13, 2017, Defendant-Appellant filed a “PETITION FOR

SUPERVISORY WRITS TO REVIEW” with this court seeking review of the trial

court’s denial of the motion to reconsider sentence. See State v. Schane, 17-247.

On April 5, 2017, this court transferred the writ application in docket number 17-

247 to the Louisiana Supreme Court. Said writ application is pending before the

supreme court. See State v. Schane, 2017 - KP – 582.

On February 13, 2017, Defendant-Appellant filed a “NOTICE OF

APPEAL” and a “MOTION FOR APPOINTMENT OF APPELLATE

COUNSEL” with the trial court regarding the trial court’s denial of the motion to

reconsider sentence. On February 21, 2017, the trial court granted Defendant-

Appellant’s notice of appeal with a return date of April 7, 2017, and appointed the

Louisiana Appellate Project as Defendant-Appellant’s counsel of record.

On June 29, 2017, this court lodged the appeal record for this case. On July

11, 2017, this court issued a rule to show cause why the appeal should not be

stayed pending action by the supreme court in Schane, 2017 - KP – 582 as the

appeal before this court and the writ before the supreme court involve the same

judgment. On July 24, 2017, Defendant-Appellant’s counsel filed a brief in

response to this court’s rule to show cause. Defendant-Appellant’s counsel

responded, acknowledging that “this matter should be stayed pending a ruling by

the Louisiana Supreme Court.” Accordingly, this court hereby stays the appeal in

this case pending action by the supreme court in Schane, 2017 - KP – 582.

APPEAL STAYED.

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