KA-0019-0095 Nonprecedential Remanded with instructions Processed

State of Louisiana v. Damari Jennings

Louisiana Court of Appeal, Third Circuit · Filed November 6, 2019

Opinion text

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

19-95

STATE OF LOUISIANA

VERSUS

DAMARI JENNINGS

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APPEAL FROM THE
FIFTEENTH JUDICIAL DISTRICT COURT
PARISH OF LAFAYETTE, NO. CR-143444
HONORABLE DAVID M. SMITH, DISTRICT JUDGE

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CANDYCE G. PERRET
JUDGE

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Court composed of Shannon J. Gremillion, Candyce G. Perret, and Jonathan W.
Perry, Judges.

REMANDED WITH INSTRUCTIONS.

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Edward K. Bauman
Louisiana Appellate Project
Post Office Box 1641
Lake Charles, LA 70602-1641
(337) 491-0570
COUNSEL FOR DEFENDANT/APPELLANT:
Damari Jennings

Damari Jennings
Louisiana State Prison
628346 Pine - 2
Angola, LA 70712
IN PROPER PERSON

Keith A. Stutes
District Attorney
Alan P. Haney
Assistant District Attorney
Post Office Box 3306
Lafayette, LA 70502-3306
(337) 232-5170
COUNSEL FOR APPELLEE:
State of Louisiana

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PERRET, Judge.

For the reasons set forth in State v. Jennings, 19-94 (La.App. 3 Cir.

__/__/19), __ So.3d __, this case is remanded with instructions to conduct an

evidentiary hearing within thirty days of the date of this opinion to allow the State

the opportunity to present a sufficient factual basis for the offenses. The trial court

is also instructed to explain to Defendant the life sentence for second degree

murder, including that it must be served at hard labor. Thereafter, the trial court is

instructed to determine whether Defendant’s pleas were entered knowingly,

intelligently, and voluntarily based on the circumstances. Then, the trial court is

ordered to prepare and lodge an appellate record with this court that contains the

transcript of the above-referenced evidentiary hearing within ten days of the

hearing. Once the record is lodged with this court, the State and Defendant will be

given the opportunity to file briefs should either party wish to raise any issue

arising from the hearing. Defendant’s additional assignments of error are

pretermitted.

REMANDED WITH INSTRUCTIONS.

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

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