Opinion
2016 KA 0942
06-14-2017
STATE OF LOUISIANA v. JARED LASHAUN LANE
Hillar C. Moore, III District Attorney Allison Miller Rutzen Assistant District Attorney Baton Rouge, Louisiana Counsel for Appellee State of Louisiana Frederick Kroenke Louisiana Appellate Project Baton Rouge, Louisiana Counsel for Defendant/Appellant Jared Lashaun Lane
NOT DESIGNATED FOR PUBLICATION On Appeal from the Nineteenth Judicial District Court In and for the Parish of East Baton Rouge State of Louisiana
No. 05-14-0950 Honorable Bonnie Jackson, Judge Presiding Hillar C. Moore, III
District Attorney Allison Miller Rutzen
Assistant District Attorney
Baton Rouge, Louisiana Counsel for Appellee
State of Louisiana Frederick Kroenke
Louisiana Appellate Project
Baton Rouge, Louisiana Counsel for Defendant/Appellant
Jared Lashaun Lane BEFORE: WHIPPLE, C.J., GUIDRY, AND McCLENDON, JJ. McCLENDON, J .
Defendant, Jared Lashaun Lane, was charged by bill of information with stalking, a violation of Louisiana Revised Statutes 14:40.2. He entered a plea of not guilty and, following a bench trial, was found guilty as charged. He was then sentenced to one year imprisonment with credit for time served. The district court suspended the balance of the sentence and placed him on unsupervised probation for two years. The district court also ordered defendant to pay a fine of five hundred dollars plus court costs. Defendant appealed, arguing that the district court erred in failing to try him before a six-person jury. This court conditionally affirmed defendant's conviction and sentence and remanded with instructions to the district court for an evidentiary hearing. See State v. Lane, 16-0942 (La.App. 1 Cir. 12/22/16) (unpublished).
Defendant's probation was terminated on August 24, 2016. It was noted in the hearing that both defendant and the victim were forced to move out of their homes due to flooding. --------
An evidentiary hearing was held on March 2, 2017, and defendant indicated that he did not want to "go back to trial" but rather, wanted to "move forward and end it." On April 13, 2017, this court ordered defendant to file a letter on or before May 16, 2017, confirming his desire to abandon the issue on appeal. On May 18, 2017, his appellate counsel filed a letter stating that he contacted defendant on April 15, 2017, and defendant advised that he did not want a new trial. Defendant's statements at the evidentiary hearing indicated that he did not want a new trial, and those statements were corroborated by the letter written by appellate counsel and filed with this court. Moreover, defendant has completed the probationary sentence imposed by the district court. Accordingly, defendant's conviction and sentence are unconditionally affirmed.
CONVICTION AND SENTENCE UNCONDITIONALLY AFFIRMED.