State of Louisiana Versus Dartanya O. Spottsville AKA "Lo"

Opinion

STATE OF LOUISIANA NO. 24-KA-26 VERSUS FIFTH CIRCUIT DARTANYA O. SPOTTSVILLE AKA "LO" COURT OF APPEAL STATE OF LOUISIANA

January 02, 2025

Linda Wiseman

First Deputy Clerk

ON APPLICATION FOR REHEARING

Panel composed of Susan M. Chehardy, Fredericka Homberg Wicker, and Timothy S. Marcel

REHEARING GRANTED

FHW SMC TSM

WICKER, J.

On November 12, 2024, the State of Louisiana filed an Application for Rehearing from our decision rendered on October 30, 2024 (the “Original Opinion”), affirming the convictions of Dartanya O. Spottsville on all Counts, affirming Mr. Spottsville’s sentences as to Counts 1, 2, and 4, and remanding Count 3 to the trial court for correction of the Minute Entry of Sentencing and the Uniform Commitment Order (“UCO”) as to Count 3 to reflect that the sentence as to Count 3 was imposed without benefits of probation, parole or suspension of sentence. In our Original Opinion, we remanded the matter to the trial court with instructions to amend the Minute Entry of Sentencing and the UCO to reflect that the sentence on Count 3 was imposed without benefits of probation, parole or suspension of sentence. This Court was notified on November 13, 2024, that the Minute Entry of Sentencing and the UCO have been corrected by the trial court to reflect that Mr. Spottsville’s sentence as to Count 3 was imposed without benefits of probation, parole or suspension of sentence and that the UCO has been transmitted to the appropriate authorities.

In its application for rehearing, the State asks us to clarify our opinion as to Count 3 to reflect that the sentence as to Count 3 was affirmed, to delete the statement on page one of our Original Opinion that the sentence as to Count 3 is “illegal,” and to instruct the trial court to transmit the UCO to the institution to which the defendant has been sentenced and to the Department of Corrections. In our Original Opinion, we correctly recognized that when a trial court does not impose the required restriction of benefits of probation, parole or suspension of sentence, such conditions are deemed to exist by operation of law under La. R.S. 15:30.1. Accordingly, we recognize that the sentence as to Count 3 is not “illegal,” as stated on page one of our Original Opinion and we grant the State’s application for rehearing for the limited purposes of eliminating that statement on page one of our

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Original Opinion and clarifying our ruling that the sentence as to Count 3 was affirmed. As the trial court has corrected the Minute Entry of Sentencing and the UCO to reflect that the sentence as to Count 3 was imposed without benefits of probation, parole or suspension of sentence and has sent the corrected UCO to the appropriate authorities, the State’s request that the corrected UCO be sent to the institution in which the defendant is incarcerated and to the Department of Correction is moot.

Accordingly, the application for rehearing filed by the State is GRANTED, in part, for the purpose of eliminating the statement on page one of our Original Opinion that the sentence as to Count 3 is “illegal” and for the purpose of clarifying our Original Opinion as follows:

CONVICTIONS AND SENTENCES AFFIRMED AS TO ALL COUNTS.

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SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ

FREDERICKA H. WICKER CHIEF DEPUTY CLERK

JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. WISEMAN JOHN J. MOLAISON, JR.

FIRST DEPUTY CLERK

SCOTT U. SCHLEGEL TIMOTHY S. MARCEL FIFTH CIRCUIT MELISSA C. LEDET

JUDGES 101 DERBIGNY STREET (70053)

DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489

GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX

www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 01/02/2025 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

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E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Stephen C. Grefer (District Judge) Gwendolyn K. Brown (Appellant) Matthew R. Clauss (Appellee) Thomas J. Butler (Appellee)

MAILED Honorable Paul D. Connick, Jr. (Appellee) District Attorney Twenty-Fourth Judicial District 200 Derbigny Street Gretna, LA 70053