State v. Moliere

941 So. 2d 61, 2005 La.App. 4 Cir. 0430, 2006 La. App. LEXIS 2296, 2006 WL 3042662

Opinion

ON APPLICATION FOR REHEARING

ROLAND L. BELSOME, Judge.

hWe initially reversed the trial court’s conviction of Raymond Moliere for attempted second-degree murder because the state could not prove that the armed robbery charge against him had been amended before trial, as required by the Louisiana Criminal Code of Procedure. LSAC.Cr.P. Art. 487.1(A). In its application for rehearing, the State attached a portion of the trial transcript that was missing from their original appellee brief. This portion of the transcript demonstrates the charge against the defendant was amended before trial, and that defendant voiced no objections. Consequently, we granted rehearing and now affirm the trial court’s conviction of Raymond Moliere for attempted second-degree murder.

REHEARING GRANTED; TRIAL COURT AFFIRMED.

ORDER

hIT IS ORDERED that the Motion for Reconsideration and to Remand for the Authentic of the Documents Presented by the District Court-Orleans Parish filed by defendant, Raymond Moliere, is hereby DENIED.

/s/ Roland L. Belsome Judge Roland L. Belsome

/s/ Terri F. Love Judge Terry F. Love

/s/ Leon A. Cannizzaro, Jr. Judge Leon A. Cannizzaro, Jr.