Opinion
No. 2005-KA-0430.
September 15, 2006. Order Denying Rehearing November 7, 2006.
Appeal from Criminal District Court Orleans Parish No. 441-509, Section "F", Honorable Dennis J. Waldron, Judge.
Eddie J. Jordan, Jr., District Attorney, Donna R. Andrieu, Assistant District Attorney, New Orleans, LA, for Plaintiff/Appellee.
Mary Constance Hanes, Louisiana Appellate Project, New Orleans, LA, for Defendant/Appellant.
(Court composed of Judge TERRI F. LOVE, Judge LEON A. CANNIZZARO JR., Judge ROLAND L. BELSOME).
ON APPLICATION FOR REHEARING
We initially reversed the trial court's conviction of Raymond Moliere for attempted second-degree murder because the state could not prove that the armed robbery charge against him had been amended before trial, as required by the Louisiana Criminal Code of Procedure. LSAC.Cr.P. Art. 487.1(A). In its application for rehearing, the State attached a portion of the trial transcript that was missing from their original appellee brief. This portion of the transcript demonstrates the charge against the defendant was amended before trial, and that defendant voiced no objections. Consequently, we granted rehearing and now affirm the trial court's conviction of Raymond Moliere for attempted second-degree murder.
REHEARING GRANTED; TRIAL COURT AFFIRMED.
ORDER
IT IS ORDERED that the Motion for Reconsideration and to Remand for the Authentic of the Documents Presented by the District Court-Orleans Parish filed by defendant, Raymond Moliere, is hereby DENIED.
/s/ Roland L. Belsome Judge Roland L. Belsome
/s/ Terri F. Love Judge Terry F. Love
/s/ Leon A. Cannizzaro, Jr. Judge Leon A. Cannizzaro, Jr.