STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT
23-616
STATE OF LOUISIANA
VERSUS
SHERON LAMAR LEWIS
**********
APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU, NO. 1765-22 HONORABLE G. MICHAEL CANADAY, DISTRICT JUDGE
D. KENT SAVOIE JUDGE
Court composed of Shannon J. Gremillion, D. Kent Savoie, and Wilbur L. Stiles, Judges.
AFFIRMED. Edward K. Bauman Louisiana Appellate Project P.O. Box 1641 Lake Charles, LA 70602 (337) 491-0570 COUNSEL FOR DEFENDANT/APPELLANT: Sheron Lamar Lewis
Stephen C. Dwight District Attorney David S. Pipes Assistant District Attorney 901 Lakeshore Drive, Suite 800 Lake Charles, LA 70601 (337) 437-3400 COUNSEL FOR APPELLEE: State of Louisiana SAVOIE, Judge.
Defendant appeals his convictions and sentences, arguing that the trial court
erred in denying his Motion for New Trial that challenged the selection of the jury
venire. For the following reasons, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On January 13, 2022, a Calcasieu Parish grand jury filed a bill of indictment
charging Defendant, Sheron Lamar Lewis, with the first degree murder of his wife,
Kenesha Camille Spencer, in violation of La.R.S. 14:30; the attempted first degree
murder of his stepdaughter, K.P., in violation of La.R.S. 14:27 and La.R.S. 14:30;
and the possession of a firearm by a convicted felon, in violation of La.R.S. 14:95.1. 1
Defendant subsequently entered a plea of not guilty. On January 27, 2023, following
the presentation of evidence and argument, a jury unanimously found Defendant
guilty of all charges.
On March 17, 2023, Defendant filed a Motion for New Trial, challenging the
composition of the jury venire and specifically alleging that the jury summonses
were defective because they did not implement the 2021 amendment to La.Code
Crim.P. art. 401(A)(5), which allowed convicted felons to serve on juries provided
that they “not be under indictment, incarcerated under an order of imprisonment, or
on probation or parole for a felony offense within the five-year period immediately
preceding the person’s jury service.” He asserted that a new trial was mandated by
La.Code Crim.P. art. 851(B)(4) as this error was not, and could not have been with
reasonable diligence, discovered prior to the verdict. Following a hearing on March
21, 2023, the trial court denied Defendant’s Motion for New Trial.
1 Initials of the minor victim are being used pursuant to La.R.S. 46:1844(W)(1)(a). On March 22, 2023, the trial court sentenced Defendant on the count of first
degree murder to life imprisonment at hard labor without the benefit of probation,
parole, or suspension of sentence. As to the count of attempted first degree murder,
the trial court sentenced Defendant to fifty years at hard labor without the benefit of
probation, parole, or suspension of sentence, to run consecutively with the sentence
for first degree murder. As to the count of possession of a firearm by a convicted
felon, the trial court sentenced Defendant to fifteen years at hard labor without the
benefit of probation, parole, or suspension of sentence, to run concurrently with the
sentences for first degree and attempted first degree murder. Defendant thereafter
filed a Motion to Reconsider Sentence, which the trial court denied the same day.
Defendant, through counsel, now appeals. In his sole assignment of error, he
contends that the trial court erred in denying his Motion for New Trial. For the
reasons discussed below, we hereby affirm.
ERRORS PATENT:
In accordance with La.Code Crim.P. art. 920, all appeals are reviewed for
errors patent on the face of the record. After reviewing the record, we note that with
respect to Defendant’s sentence for possession of a firearm by a convicted felon, the
trial court failed to impose a fine required by La.R.S. 14:95.1. However, because
this issue was not raised, we will not correct the error on appeal. See, State v. Brown,
19-771 (La. 10/14/20), 302 So.3d 1109.
ANALYSIS:.
The grounds for a new trial in a criminal proceeding are set forth by La.Code
Crim.P. art. 851, which states, in pertinent part, as follows:
A. The motion for a new trial is based on the supposition that injustice has been done the defendant, and, unless such is shown to have
2 been the case the motion shall be denied, no matter upon what allegations it is grounded.
B. The court, on motion of the defendant, shall grant a new trial whenever any of the following occur:
....
(4) The defendant has discovered, since the verdict or judgment of guilty, a prejudicial error or defect in the proceedings that, notwithstanding the exercise of reasonable diligence by the defendant, was not discovered before the verdict or judgment.
The standard of reviewing a trial court’s ruling on a motion for new trial is as
follows:
The denial of a motion for a new trial is not subject to appellate or supervisory review except for error of law. La.Code Crim.P. art. 858. The decision on a motion for new trial rests within the sound discretion of the trial judge. We will not disturb this ruling on appeal absent a clear showing of abuse. The merits of such a motion must be viewed with extreme caution in the interest of preserving the finality of judgments. Generally, a motion for new trial will be denied unless injustice has been done. See La.Code Crim.P. art. 851; State v. Home [Horne ], 28,327 (La.App.2d Cir. 8/21/96), 679 So.2d 953, 956, writ denied, 96–2345 (La.2/21/97), 688 So.2d 521.
State v. Austin, 11–2150, p. 7 (La.App. 1 Cir. 6/8/12), 2012 WL 2061531 (unpublished opinion), writ denied, 12–1595 (La.2/8/13), 108 So.3d 77.
State v. Pontiff, 14-1049, pp. 16−17 (La.App. 3 Cir. 5/6/15), 166 So.3d 1120, 1132
(alteration in original), writ denied, 15-1107 (La. 10/28/16), 209 So.3d 94.
On appeal, Defendant notes that 2021 La. Acts No. 121, effective August 1,
2021, amended La.Code Crim.P. art. 401(A)(5) so as to allow convicted felons to
serve on juries provided that they “not be under indictment, incarcerated under an
order of imprisonment, or on probation or parole for a felony offense within the five-
year period immediately preceding the person’s jury service.” Prior thereto,
convicted felons were barred from serving on a jury, absent a gubernatorial pardon.
3 Defendant’s basis for new trial was that the Calcasieu Parish Clerk of Court’s jury
summonses failed to implement Act 121; therefore, according to Defendant, the jury
was improperly drawn, and Defendant’s constitutional right to an impartial trial was
violated.
While Defendant acknowledges that a motion to quash is the correct
procedural vehicle by which to allege an improper drawing of a petit jury, and that
a motion to quash was not filed, Defendant argues that he should, nevertheless, be
entitled to appellate review because his due process rights were violated.
Specifically, Defendant suggests that the clerk’s systemic exclusion of convicted
felons who are otherwise allowed by La.Code Crim.P. art. 401(A)(5) to serve as
jurors infringed upon his Sixth Amendment right to a trial by an impartial jury, and
specifically was in violation of the requirement that a jury must be from a
representative cross-section of the community.
Defendant further argues that a new trial was proper in accordance with
La.Code Crim.P. art. 851(B)(4) because evidence concerning the defective
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STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT
23-616
STATE OF LOUISIANA
VERSUS
SHERON LAMAR LEWIS
**********
APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU, NO. 1765-22 HONORABLE G. MICHAEL CANADAY, DISTRICT JUDGE
D. KENT SAVOIE JUDGE
Court composed of Shannon J. Gremillion, D. Kent Savoie, and Wilbur L. Stiles, Judges.
AFFIRMED. Edward K. Bauman Louisiana Appellate Project P.O. Box 1641 Lake Charles, LA 70602 (337) 491-0570 COUNSEL FOR DEFENDANT/APPELLANT: Sheron Lamar Lewis
Stephen C. Dwight District Attorney David S. Pipes Assistant District Attorney 901 Lakeshore Drive, Suite 800 Lake Charles, LA 70601 (337) 437-3400 COUNSEL FOR APPELLEE: State of Louisiana SAVOIE, Judge.
Defendant appeals his convictions and sentences, arguing that the trial court
erred in denying his Motion for New Trial that challenged the selection of the jury
venire. For the following reasons, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On January 13, 2022, a Calcasieu Parish grand jury filed a bill of indictment
charging Defendant, Sheron Lamar Lewis, with the first degree murder of his wife,
Kenesha Camille Spencer, in violation of La.R.S. 14:30; the attempted first degree
murder of his stepdaughter, K.P., in violation of La.R.S. 14:27 and La.R.S. 14:30;
and the possession of a firearm by a convicted felon, in violation of La.R.S. 14:95.1. 1
Defendant subsequently entered a plea of not guilty. On January 27, 2023, following
the presentation of evidence and argument, a jury unanimously found Defendant
guilty of all charges.
On March 17, 2023, Defendant filed a Motion for New Trial, challenging the
composition of the jury venire and specifically alleging that the jury summonses
were defective because they did not implement the 2021 amendment to La.Code
Crim.P. art. 401(A)(5), which allowed convicted felons to serve on juries provided
that they “not be under indictment, incarcerated under an order of imprisonment, or
on probation or parole for a felony offense within the five-year period immediately
preceding the person’s jury service.” He asserted that a new trial was mandated by
La.Code Crim.P. art. 851(B)(4) as this error was not, and could not have been with
reasonable diligence, discovered prior to the verdict. Following a hearing on March
21, 2023, the trial court denied Defendant’s Motion for New Trial.
1 Initials of the minor victim are being used pursuant to La.R.S. 46:1844(W)(1)(a). On March 22, 2023, the trial court sentenced Defendant on the count of first
degree murder to life imprisonment at hard labor without the benefit of probation,
parole, or suspension of sentence. As to the count of attempted first degree murder,
the trial court sentenced Defendant to fifty years at hard labor without the benefit of
probation, parole, or suspension of sentence, to run consecutively with the sentence
for first degree murder. As to the count of possession of a firearm by a convicted
felon, the trial court sentenced Defendant to fifteen years at hard labor without the
benefit of probation, parole, or suspension of sentence, to run concurrently with the
sentences for first degree and attempted first degree murder. Defendant thereafter
filed a Motion to Reconsider Sentence, which the trial court denied the same day.
Defendant, through counsel, now appeals. In his sole assignment of error, he
contends that the trial court erred in denying his Motion for New Trial. For the
reasons discussed below, we hereby affirm.
ERRORS PATENT:
In accordance with La.Code Crim.P. art. 920, all appeals are reviewed for
errors patent on the face of the record. After reviewing the record, we note that with
respect to Defendant’s sentence for possession of a firearm by a convicted felon, the
trial court failed to impose a fine required by La.R.S. 14:95.1. However, because
this issue was not raised, we will not correct the error on appeal. See, State v. Brown,
19-771 (La. 10/14/20), 302 So.3d 1109.
ANALYSIS:.
The grounds for a new trial in a criminal proceeding are set forth by La.Code
Crim.P. art. 851, which states, in pertinent part, as follows:
A. The motion for a new trial is based on the supposition that injustice has been done the defendant, and, unless such is shown to have
2 been the case the motion shall be denied, no matter upon what allegations it is grounded.
B. The court, on motion of the defendant, shall grant a new trial whenever any of the following occur:
....
(4) The defendant has discovered, since the verdict or judgment of guilty, a prejudicial error or defect in the proceedings that, notwithstanding the exercise of reasonable diligence by the defendant, was not discovered before the verdict or judgment.
The standard of reviewing a trial court’s ruling on a motion for new trial is as
follows:
The denial of a motion for a new trial is not subject to appellate or supervisory review except for error of law. La.Code Crim.P. art. 858. The decision on a motion for new trial rests within the sound discretion of the trial judge. We will not disturb this ruling on appeal absent a clear showing of abuse. The merits of such a motion must be viewed with extreme caution in the interest of preserving the finality of judgments. Generally, a motion for new trial will be denied unless injustice has been done. See La.Code Crim.P. art. 851; State v. Home [Horne ], 28,327 (La.App.2d Cir. 8/21/96), 679 So.2d 953, 956, writ denied, 96–2345 (La.2/21/97), 688 So.2d 521.
State v. Austin, 11–2150, p. 7 (La.App. 1 Cir. 6/8/12), 2012 WL 2061531 (unpublished opinion), writ denied, 12–1595 (La.2/8/13), 108 So.3d 77.
State v. Pontiff, 14-1049, pp. 16−17 (La.App. 3 Cir. 5/6/15), 166 So.3d 1120, 1132
(alteration in original), writ denied, 15-1107 (La. 10/28/16), 209 So.3d 94.
On appeal, Defendant notes that 2021 La. Acts No. 121, effective August 1,
2021, amended La.Code Crim.P. art. 401(A)(5) so as to allow convicted felons to
serve on juries provided that they “not be under indictment, incarcerated under an
order of imprisonment, or on probation or parole for a felony offense within the five-
year period immediately preceding the person’s jury service.” Prior thereto,
convicted felons were barred from serving on a jury, absent a gubernatorial pardon.
3 Defendant’s basis for new trial was that the Calcasieu Parish Clerk of Court’s jury
summonses failed to implement Act 121; therefore, according to Defendant, the jury
was improperly drawn, and Defendant’s constitutional right to an impartial trial was
violated.
While Defendant acknowledges that a motion to quash is the correct
procedural vehicle by which to allege an improper drawing of a petit jury, and that
a motion to quash was not filed, Defendant argues that he should, nevertheless, be
entitled to appellate review because his due process rights were violated.
Specifically, Defendant suggests that the clerk’s systemic exclusion of convicted
felons who are otherwise allowed by La.Code Crim.P. art. 401(A)(5) to serve as
jurors infringed upon his Sixth Amendment right to a trial by an impartial jury, and
specifically was in violation of the requirement that a jury must be from a
representative cross-section of the community.
Defendant further argues that a new trial was proper in accordance with
La.Code Crim.P. art. 851(B)(4) because evidence concerning the defective
summonses was new, material, and not discovered before or during his trial.
In opposition, the State argues that Defendant’s challenge to his jury venire
was untimely because he failed to file a motion to quash before trial, and, therefore,
Defendant waived his objection. In addition, the State contends that a new trial was
not warranted by La.Code Crim.P. art. 851(B)(4) because Defendant’s trial counsel
was on notice of issues concerning the implementation of the 2021 amendment to
La.Code Crim.P. art. 401(A)(5) by no later than December 2021, as evidenced by an
email sent by a supervising attorney with the public defender’s office; yet, his
counsel did not raise the alleged issue until after trial. In addition, the State notes
4 that the record contains evidence indicating that defense counsel’s office had actual
notice of the jury summonses issued in connection with this case prior to trial.
In addition, the State argues that even if Defendant’s motion was timely, it
was legally deficient because Defendant failed to set forth a prima facie violation of
the Sixth Amendment’s cross-section requirement. Therefore, according to the
State, Defendant’s motion was properly denied.
In State v. Brown, 16-998, p. 66 (La. 1/28/22), 347 So.3d 745, 798, cert.
denied, ––– U.S. ––––, 143 S.Ct. 886 (2023) (italics added), the Louisiana Supreme
Court stated, “This court has long recognized the procedural device for alleging that
‘the petite jury venire was improperly drawn, selected or constituted’ is a motion to
quash. La. C.Cr.P. art. 532(9); State v. Edwards, 406 So.2d 1331, 1347 (La. 1981);
State v. Collins, 359 So.2d 174, 177 (La. 1978).” The motion must be in writing and
filed before trial. See La.Code Crim.P. arts. 532(9), 536, and 535.
A Defendant who does not file a motion to quash on the grounds that the jury
venire was improperly drawn, selected, or constituted in accordance with the
timeliness and form requirements set forth in the Louisiana Code of Criminal
Procedure waives his objection. Brown, 347 So.3d 745; La.Code Crim.P. art.
535(D).
Defendant in the instant case did not raise issues concerning the drawing of
the jury venire prior to trial. Therefore, we find that Defendant waived this issue.
In addition, the amendment to La.Code Crim.P. art. 401(A)(5), which Defendant
contends was not properly considered in connection with the selection of the jury,
took effect prior to Defendant’s indictment and well over a year prior to trial.
Defendant’s counsel should have been aware of this amendment prior to Defendant’s
trial, and the record indicates that he was on notice regarding the implementation of
5 the amendment prior to trial and his office had actual notice of the jury summonses
used in connection with Defendant’s trial prior to trial; therefore, we find no abuse
of discretion on the part of the trial court in denying Defendant’s motion for new
trial.
DECREE
For the reasons set forth herein, Defendant’s convictions and sentences are
hereby affirmed.
AFFIRMED.