Opinion
22-K-242
06-07-2022
STATE OF LOUISIANA v. RICHARD FULTZ
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE ELLEN SHIRER KOVACH, DIVISION "K", NUMBER 19-4009
Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and Jude G. Gravois
WRIT GRANTED FOR A LIMITED PURPOSE
Relator-defendant, Richard Fultz, was charged by bill of information with attempted unauthorized entry of an inhabited dwelling in violation of La. R.S. 14:27 and La. R.S. 14:62.3. In this writ application, relator seeks review of the trial court's granting of the State's "Notice of Intent to Introduce Evidence Under La. C.E. art. 404(B)." Specifically, the trial judge ruled that evidence of an alleged 2015 guilty plea to unauthorized entry of an inhabited dwelling is admissible under La. C.E. art. 404(B).
The state also sought to introduce evidence concerning a prior 2004 conviction for simple burglary. The trial judge denied the State's notice of intent as to that conviction, and the state has not sought review of that ruling.
A review of the transcript from the March 31, 2022 hearing reflects that the state failed to offer, file, and introduce into evidence any evidence concerning the alleged 2015 guilty plea to support its notice of intent. Exhibits and attachments not properly and officially offered and admitted into evidence cannot be considered, even if physically filed into the trial court record. State v. Whitley, 14-737 (La.App. 5 Cir. 03/25/15); 169 So.3d 658, 660 (citing Denoux v. Vessel Mgmt. Services, Inc., 07-2143 (La. 5/21/08), 983 So.2d 84, 88). Documents attached to memoranda do not constitute evidence and cannot be considered as such on appeal. Id.
Accordingly, we grant this writ for the limited purpose of remanding this matter to the trial court for reopening of the hearing on the state's notice of intent to allow the state to properly offer, file, and introduce into evidence the documentation concerning the alleged 2015 guilty plea in support of its notice of intent. State v. Young, 99-880 (La.App. 5 Cir. 01/12/00); 751 So.2d 364, 368; see also State v. Durning, 16-737 (La.App. 5 Cir. 1/17/17); (unpublished writ disposition), and State v. Pigott, 18-598 (La.App. 5 Cir. 1/24/19) (unpublished writ disposition).
FHW
SMC JGG