State v. Jimmerson
| Decision Date | 25 May 1983 |
| Docket Number | No. 82-576,82-576 |
| Citation | 432 So.2d 1093 |
| Parties | STATE of Louisiana, Plaintiff and Appellee, v. Andrew Lee JIMMERSON, Defendant and Appellant. |
| Court | Court of Appeal of Louisiana — District of US |
Patrick L. Durusau, Jena, for defendant and appellant.
Norris Dale Jackson, Asst. Dist. Atty., Jena, for plaintiff and appellee.
Before FORET, CUTRER and KNOLL, JJ.
The defendant was convicted by the trial court of violating LSA-R.S. 14:95.1. This statute makes it unlawful for any person convicted of an enumerated felony "to possess a firearm or carry a concealed weapon." The defendant had previously been convicted of aggravated battery which is one of the enumerated felonies. The trial judge sentenced the defendant to six years imprisonment at hard labor.
On October 29, 1981, Andrew Jimmerson was arrested for bringing a shotgun into Wallace Bar in Jena, Louisiana. The district attorney charged Jimmerson by bill of information with violation of LSA-R.S. 14:95.1, possession of a firearm by a convicted felon. The record reveals that in 1979 Jimmerson had been convicted of second degree burglary in the State of Washington, and in 1977, he had been convicted in Jena, Louisiana, for aggravated battery.
Defendant lodged an appeal. Neither the defendant nor the State filed briefs, therefore, assignments of error not briefed are considered abandoned. State v. Edwards, 261 La. 1014, 261 So.2d 649 (La.1972); State v. Lemoine, 403 So.2d 1230 (La.1981); State v. Dewey, 408 So.2d 1255 (La.1982). The review on appeal is limited to a "mere inspection of the pleadings and proceedings" for patent errors. LSA-C.Cr.P. art. 920.
A review of the record reveals only one minor error by the trial court. The sentence imposed was not rendered precisely in accordance with the requirements of the statute in question. The penalty for violating LSA-R.S. 14:95.1 is set forth as follows:
The statute through the use of the conjunctive "and" mandates imprisonment and fine. The sentence imposed failed to include a fine.
When an illegal sentence has been imposed which subjects the defendant to an excessive punishment, the Supreme Court has set the sentence aside despite the lack of motions requesting such an effect. State v. Cobb, 419 So.2d 1237 (La.1982); State v. Guillory, 404 So.2d 453 (La.1981); State v. Siegel, 354 So.2d 525 (La.1978). However, the results are different when the State contends that the defendant has been given an illegal sentence due to its...
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State v. Thompson
...have been briefed or argued and are therefore considered abandoned. State v. Dewey, 408 So.2d 1255 (La.1982); State v. Jimmerson, 432 So.2d 1093 (La.App. 3 Cir.1983). See appendix for our disposition of defendant's motion to remand to brief some of these unbriefed assignments of ASSIGNMENT ......
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State v. Fraser
...first to the trial court, subject to subsequent appellate review. See State v. Speed, 335 So.2d 28 (La.,1976); State v. Jimmerson, 432 So.2d 1093 (La.App.3d Cir.1983)." 452 So.2d 682 at This jurisprudence was overruled when LSA-C.Cr.P. art. 882 was amended by Act 587 of 1984 to allow an app......
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State v. Landry
...error, and this should be done by applying first to the trial court, subject to subsequent appellate review. See State v. Jimmerson, 432 So.2d 1093 (La.App. 3rd Cir.1983); State v. Jackson, supra; State v. Fraser, 484 So.2d 122 (La.1986). Since the State failed to complain of the sentence a......
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State v. Jones
...without merit. ASSIGNMENT OF ERROR NO. 3 This assignment was not briefed and, therefore, is considered abandoned. State v. Jimmerson, 432 So.2d 1093 (La.App. 3 Cir.1983); State v. Dewey, 408 So.2d 1255 ASSIGNMENT OF ERROR NO. 4 By this assignment the defendant alleges that the trial court e......