State of Louisiana VS Gregory Carmen
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2008 CA 1769 STATE OF LOUISIANA VERSUS rA GREGORY CARMEN Judgment Rendered MAR 2 7 2009 ON APPEAL FROM THE NINETEENTH JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF EAST BATON ROUGE DOCKET NUMBER 7 05 905 SECTION VIII STATE OF LOUISIANA THE HONORABLE WILSON FIELDS Doug Moreau District Attorney Thompson Assistant District Attorney JUDGE Attorneys for Plaintiff Appellant Monisa L Baton Rouge Louisiana Gregory P Carmen Pro Se Baker Louisiana BEFORE PETTIGREW McDONALD HUGHES JJ McDONALD J On battery 25 July 2005 of his wife Defender Carmen violation of La a appointed was P Gregory was RS 14 charged with domestic 3 35 represent Mr Carmen and to abuse The Office of the Public at the trial Mr Carmen was represented by the Southern University Law Clinic The case Cannizzaro 2006 to sitting was District Court Mr Carmen term suspended Mr Carmen continue was domestic abuse did one of the Louisiana not to own perform he was program eligible to Thereafter Mr Carmen his and sentence Supreme on probation possess and to have required was or 40 hours of prevention first offender he everything presiding Court On guilty of domestic abuse battery and year of supervised ordered to Jr Judge 7 February was sentenced parish jail with credit for time served and the balance of the working full time further ordered as a found was Leon Cannizzaro Judge tempore for Section 8 of the Nineteenth Judicial pro by appointment six months in the jail tried with was no a and 500 00 fine a firearm while contact with Mrs community service probation Carmen work and to Judge Cannizzaro advised to have on Further He to was complete a Mr Carmen that the conviction taken off his record if he do satisfactorily completed all of the requirements November 2 2006 of Judge Cannizzaro ordered that his probation be terminated satisfactorily On April 27 2007 Mr Carmen filed request for expungement of his a criminal record in accordance with La R S 44 9 been terminated an opposition On On satisfactorily to the motion September 20 May asserting that his probation had 15 2007 the district attorney s office filed to expunge 2007 Judge Wilson Fields presiding over Section 8 of the Nineteenth Judicial District Court resentenced Mr Carmen under La C Cr P art 894 to one year probation with all the 2 same conditions as previously imposed determined that all set aside and the granted a assigned conditions s appeal from that s conviction s office filed judgment office that the expungement amounted s He then 894 motion for expungement The district attorney The district attorney defendant and ordered the conviction completed prosecution dismissed in accordance with Article Mr Carmen devolutive were and that Mr Carmen asserts to an s conviction as final and asked that the improper resentencing sentence was imposed by Judge Cannizzaro be reinstated Louisiana Revised Statute 44 9 A 1 or is classified district to ordinance parish as a parish the district in part person who has been arrested for the violation of Any municipal provides or or for violation of a state statute a which misdemeanor may make a written motion to the city court in which the violation was prosecuted or court located in the expungement of the parish in which record arrest he was arrested under either of the for following conditions The time limitation for the institution of a offense has b If and expired no on the prosecution has been instituted or has been instituted prosecution and such been finally disposed of by dismissal sustaining or acquittal The trial court judge expressly told expungement if he satisfied the successfully completed his prosecution terms Mr Carmen that he would of his and probation proceedings of a motion to probation four have quash qualify for an Mr Carmen thereafter months later filed for an expungement of the record The district attorney expungement because he 44 9E 3 a s was office asserts that Mr Carmen convicted of the was charged offense not entitled to an However La R S provides in pertinent part A court may order the destruction or the expungement of the record of a misdemeanor conviction dismissed pursuant to Article 894 of the Code of Criminal Procedure Louisiana Code of Criminal Procedure article 894 3 provides in pertinent part A I Notwithstanding any other contrary when a except criminal the imposition neglect of family provision of this Article defendant has been convicted of or stalking the or the execution of the whole imposed provided suspension is place the defendant on unsupervised supervised by a probation office agency the misdemeanor a court may or to any suspend part of the prohibited by law and probation or probation or officer designated by a probation office agency or officer designated by the court other than the division of probation and parole of the Department of Public sentence Safety and Corrections not upon such conditions as the Such suspension of sentence and probation shall be for years or such shorter period as the court may specify In this Mr Carmen case convicted of was a The trial court sentenced him to six months in him probation for one ofthis case comply with the requirements It is clear that the trial Carmen reason when probation he failed limited particular Thus for the for to dismiss the was case dismissed that The facts opinion and conveyed of the if he you are suppose d find that it was to Mr successfully completed his Carmen that he could we placed of Article 894 charge under Article case and After the successful get do to Judge Cannizzaro satisfactorily terminated 894 this thing taken for However Mr Carmen s Therefore under the proper for Judge Fields to Judge Cannizzaro forgot to impose foregoing expungement is affirmed assessed Mr everything facts of this correct the sentence ordered the charge dismissed Judge Cannizzaro told off your record if you do some judge that he could have the probation court period of two jail suspended year with various conditions completion of the probation the trial a fix misdemeanor domestic abuse battery on court may reasons and against the district attorney the trial appeal s office AFFIRMED 4 court judgment costs granting in the amount of the motion 387 00 are
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