Opinion
NO. 2017 KW 0753
08-04-2017
STATE OF LOUISIANA v. JAMAAL R. JOHNSON
In Re: Jamaal R. Johnson, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 01-05-0601. BEFORE: HIGGINBOTHAM, HOLDRIDGE AND PENZATO, JJ.
WRIT DENIED. The State met its burden of proving that relator is a third-felony habitual offender when the State introduced at the habitual offender hearing certified records and an expert's opinion regarding relator's fingerprints which established that relator committed the underlying felony offenses and he was the same person who was previously convicted of two prior felony offenses, and relator failed to rebut this evidence. See La. R.S. 15:529.1(D)(1)(a) & (F); State v. Daigle, 2014-0869 (La. App. 1st Cir. 3/26/15), 167 So.3d 980, 986, writ denied, 2015-0834 (La. 3/14/16), 189 So.3d 1069. Furthermore, in the appeal opinion, this court noted that the trial court failed to impose the fine on relator's sentence for possession of a firearm, by a convicted felon. However, because this error was not raised by the State in either the trial court or on appeal, and relator is not prejudiced by the trial court's failure to impose the mandatory fine, this court was not required to take any action. See State v. Johnson, 2006-1235 (La. App. 1st Cir. 12/28/06), 951 So.2d 294, 297 n.3. Accordingly, the district court did not err by denying relator's "motion to correct, set aside and/or vacate an illegal sentence."
AHP
TMH
GH
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT