State v. Barker, 317 So.3d 422, 432-33 (La.App. 4th Cir. 2018); State Rec., Vol. 21 of 21; see also State Rec., Vol. 2 of 21, Bill of Information.
State Rec., Vol. 2 of 21; State Rec., Vol. 6 of 21; State Rec., Vol. 1 of 21. State v. Barker, 317 So.3d 422, 455-56 (La.App. 4th Cir. 2018); State v. Barker, 267 So.3d 85 (La. 2019). i. A “Motion for Correction of Premature, Infirm and Invalid Multiple Offender Sentence
Plaintiff was found guilty on all counts except attempted burglary of an inhabited dwelling. State v. Barker , 2017-0469 (La.App. 4 Cir. 5/30/18), 317 So.3d 422. State v. Barker , 2021-K-0161, writ denied (La.App. 4 Cir. 4/7/2021)
This Court held that "[p]ursuant to Section 2, the amended provisions of La. R.S. 15:5[2]9.1(A)(1) are inapplicable to [defendant's] sentence which was imposed on September 8, 2016." Id. Likewise, in State v. Barker , 2017-0469 (La. App. 4 Cir. 5/30/18), 317 So.3d 422, this Court rejected the defendant's assertion that he should have been sentenced under the 2017 Amendments. This Court held that the statute in effect at the time of the commission of the offense was controlling in sentencing the defendant as an habitual offender.
This Court affirmed his conviction and sentence. See State v Barker, 2017-0469 (La.App. 4 Cir. 5/30/18), 317 So.3d 422. Writs to the Louisiana Supreme Court were denied.
This court notes that trial judges are presumed to be impartial, and the jurisprudence has required more than the mere filing of a lawsuit against a judge as sufficient grounds to recuse the judge. State v. Barker , 17-469 (La.App. 4 Cir. 5/30/18), 317 So.3d 422, writ denied , 18-968 (La. 3/18/19), 267 So.3d 85 ; State v. McGill , 50,994 (La.App. 2 Cir. 1/11/17), 213 So.3d 1181. Likewise, Defendant's conclusory allegations of a lawsuit against the trial judge do not warrant the appointment of a new judge for resentencing.