State of Louisiana v. Damari Jennings

• Court: Louisiana Court of Appeal
• Decided: November 6, 2019
• Docket: KA-0019-0095
• Status: Unknown

Opinion

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

19-95

STATE OF LOUISIANA

VERSUS

DAMARI JENNINGS

**********

APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. CR-143444 HONORABLE DAVID M. SMITH, DISTRICT JUDGE

CANDYCE G. PERRET JUDGE

Court composed of Shannon J. Gremillion, Candyce G. Perret, and Jonathan W. Perry, Judges.

REMANDED WITH INSTRUCTIONS. Edward K. Bauman Louisiana Appellate Project Post Office Box 1641 Lake Charles, LA 70602-1641 (337) 491-0570 COUNSEL FOR DEFENDANT/APPELLANT: Damari Jennings

Damari Jennings Louisiana State Prison 628346 Pine - 2 Angola, LA 70712 IN PROPER PERSON

Keith A. Stutes District Attorney Alan P. Haney Assistant District Attorney Post Office Box 3306 Lafayette, LA 70502-3306 (337) 232-5170 COUNSEL FOR APPELLEE: State of Louisiana PERRET, Judge.

For the reasons set forth in State v. Jennings, 19-94 (La.App. 3 Cir.

__/__/19), __ So.3d __, this case is remanded with instructions to conduct an

evidentiary hearing within thirty days of the date of this opinion to allow the State

the opportunity to present a sufficient factual basis for the offenses. The trial court

is also instructed to explain to Defendant the life sentence for second degree

murder, including that it must be served at hard labor. Thereafter, the trial court is

instructed to determine whether Defendant’s pleas were entered knowingly,

intelligently, and voluntarily based on the circumstances. Then, the trial court is

ordered to prepare and lodge an appellate record with this court that contains the

transcript of the above-referenced evidentiary hearing within ten days of the

hearing. Once the record is lodged with this court, the State and Defendant will be

given the opportunity to file briefs should either party wish to raise any issue

arising from the hearing. Defendant’s additional assignments of error are

pretermitted.

REMANDED WITH INSTRUCTIONS.

This opinion is NOT DESIGNATED FOR PUBLICATION. Uniform Rules—Courts of Appeal, Rule 2-16.3.