State of Louisiana v. Ronald Gene McLain
This text of State of Louisiana v. Ronald Gene McLain (State of Louisiana v. Ronald Gene McLain) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
NOT DESIGNATED FOR PUBLICATION
STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
KA21-203
VERSUS
RONALD GENE MCLAIN **********
APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU, NO. 15257-18 HONORABLE RONALD F. WARE, DISTRICT JUDGE
**********
BILLY H. EZELL JUDGE
Court composed of Billy H. Ezell, Candyce G. Perret and Sharon Darville Wilson, Judges.
CONVICTION AND SENTENCE VACATED; PROSECUTION ABATED FROM INCEPTION.
Stephen C. Dwight District Attorney, 14th Judicial District Court 901 Lakeshore Dr. Lake Charles, La 70601 (337) 437-3400 COUNSEL FOR PLAINTIFF/APPELLEE: State of Louisiana
Annette Fuller Roach Louisiana Appellate Project P. O. Box 1747 Lake Charles, LA 70602-1747 (337) 436-2900 COUNSEL FOR DEFENDANT/APPELLANT: Ronald Gene McLain EZELL, Judge.
Defendant, Ronald Gene McLain, was charged by bill of information with
second degree murder, a violation of La.R.S. 14:30.1, armed robbery with a firearm,
a violation of La.R.S. 14:64, second degree kidnapping, a violation of La.R.S.
14:44.1, and theft of a motor vehicle valued at more than $5,000 but less than
$25,000, in violation of La.R.S. 14:67.26. The bill was amended to substitute first
degree murder, a violation of La.R.S. 14:30, for the second degree murder charge
and to add two counts of simple burglary of an inhabited dwelling, in violation of
La.R.S. 14:62.1, and possession of a firearm by a convicted felon, a violation of
La.R.S. 14:95.1.1 Defendant was convicted of first degree murder, and all other
charges were nolle prossed. On July 27, 2020, Defendant was sentenced to life in
prison without benefits.
On August 7, 2020, Defendant filed a motion for appeal, which was granted
by the trial court on August 11, 2020. The record was lodged with this court on
March 26, 2021.
On February 3, 2021, Defendant died. As a result of the death of Defendant,
his counsel filed a “Notice of Death of Client, Motion to Vacate the Judgment or
Conviction and Abate Prosecution Ab Initio” on April 16, 2021. Subsequently,
Defendant’s counsel provided this Court with a “Fact of Death Letter,” which
pursuant to La.R.S. 44:19 (EXI), shall “constitute proof of death for all purposes.”
Defense counsel’s motion cites State v. Harvey, 94-343 (La. 10/20/94), 644
So.2d 371; State v. McClow, 364 So.2d 566 (La.1978); State v. Morris, 328 So.2d
65 (La.1976); and State v. Burton, 46,552 (La.App. 2 Cir. 9/21/11), 74 So.3d 253, in
support of her assertion that the conviction and sentence should be vacated, and the
1 The amended bill presumably did not include the offense of armed robbery as said offense was subsumed in the first degree murder charge. proceedings abated from their inception. Examination of the law and cited
jurisprudence confirms that relief is due based on the facts in this case.
Accordingly, Defendant’s conviction and sentence are vacated and all
proceedings in this prosecution are abated from their inception.
CONVICTION AND SENTENCE VACATED; PROSECUTION
ABATED FROM INCEPTION.
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