Opinion
No. 2019-K-01360
02-18-2020
STATE of Louisiana v. Timothy Lee ELLIOTT
Retired Judge James Boddie Jr., appointed Justice ad hoc, sitting for Justice Marcus R. Clark.
Writ granted. Defendant's habitual offender adjudication and sentence are vacated, and this matter is remanded to the district court for further proceedings in accordance with State v. Lyles , 19-0203 (La. 10/22/19), 286 So.3d 407. The district court is ordered to determine whether the predicate felony for battery of a correctional facility employee, La.R.S. 14:34.5, is a crime of violence, before the court resentences defendant pursuant to the Habitual Offender law, La.R.S. 15:529.1, as it was amended by 2017 La. Acts 282.
VACATED AND REMANDED
Hughes, J., would deny.
Crichton, J., additionally concurs and assigns reasons.
Boddie, J., would deny.
Weimer, J., recused.
Crichton, J. additionally concurs and assigns reasons:
I agree with the Per Curiam and write separately to note that, pursuant to R.S. 15:529.1 and related jurisprudence, the district attorney is not precluded from refiling a habitual offender bill of information setting forth additional predicate felony crimes or simply proceeding with the same multiple offender charge. In either event, in addition to considering State v. Lyles , 19-0203 (La. 10/22/19), 286 So.3d. 407 and all mitigation factors, the trial judge should also consider the defendant's full criminal history, including several previous felony convictions from Calcasieu Parish as well as the approximate five felony convictions in Terrebonne Parish. As always, the trial court should provide detailed reasons for its adjudication and, in full compliance with La. C.Cr.P. art. 894.1, the defendant's sentence.