State Of Louisiana VS Aaron Taylor
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NOT DESIGNAT D FOR PU LICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2013 KA 1069 c./"` STATE OF LOUISIANA VERSUS AARC? TAYLOR N Judgment Rendered g Appealed from the Nineteenth Judicial District Court In and for the Parish of East Baton Rouge, State of Louisiana Trial Court Number 07- 11- 0377 Honorable Donald Johnson, Judge Presiding x ie ic F , i iexxfex Hillar C. Moore Counsei for Appellee, Allison Miller Rutzen State of Louisiana Baton Rouge, LA Bertha M. Hillman Counsel for Defendant/Appellant, Thibodaux, LA Aaron Taylor tx tx * * BEFOR.E: WHIPPLE, C.J., WELCH AND CRAIN, JJ. WHIPPLE, C. J. The defendant, Aaron Taylor, was charged by grand jury indictment with one count of second degree murder ( count 1), a violation of LSA-R.S. 1430. 1, and three counts of armed robberv (counts 2- 4), violations of LSA-R.S. 14: 64. He pled not guilty following and, a jury trial, was found guilty as charged. He filed a motion for postverdict judgment of acquittal, which was denied. On count one, the defendant was sentenced tc the mandatory term of life imprisonment at hard labor without the benefit of parole. On counts two, three, and four, on each count, he was to ten sentenced years hard labor at without the benefit of parole. The defendant' s sentences were ordered to be served concurrently. The defendant now appeals, arguing that his mandatory life sentence is constitutionally excessive. Far the following reasons, we affirm the defer,. dant' s conti ¢ictions and sentences. FACTS On May 4, 2011, the victim, Jonathan Calvert, and several of his friends were " hanging ouY' at the home of Joseph Price on Aster Street in Baton Rouge. The victim and his girlfriend were inside his recently purchased recreational vehicle (" outside RV"), under parked next to Price' s home, while some of his friends were sitting the carport and others were inside the home. flccording to trial testimony herein, two black men walked up to the house, and both f the men, later identified as Mohammed Collins and the defendant, pointed gnns at Priee and told him to empty his toward the door pockets and of the to give house, told the them all of occupants his money. to l Collins then walked come outside, and ordered them to empty their pockets. Collins was charged by a separate indictment, tried, and convicted of one count of second degree murder and three counts of armed robbery. In an unpublished decision, this court affirmed Collins' s convictions and sentences on September 13, 2013. See State v. Collins, 2012- 2048 ( La. App. lst Cir. 9/ 13/ 13) ( unpublished opinion). 2 The defendant forced one of the friends, Charles Gunter, at gunpoint to go into the RV. Once inside, the defendant had Gunter get onto his hands and lrnees. The defendant The victim asked, " what you got, what you got. . . [ responded, " look[,] g] ive it up, where it at?" don' t have anything." we A " scuffle" ensued. Price, who was in the group being held at gunpoint outside of his home, heard the defendant and fired scream, " shots Hey, Help. into its open He' s got me door. down." Collins ran toward the RV The shots struck and killed the victim and wounded the defendant. The defendant and Collins immediately ran away. EXCESSIVE SENTENCES In his sole assignment of error, the defendant argues that his mandatory life sentence is constitutionally excessive because he " did not fire any shots and did not rob anyone." One purpose of the motion to reconsider sentence is to allow the defendant to raise any errars that may have occurred in sentencing while the district court judge still has the jurisdiction to change or correct the sentence. The defendant may point out such errors ar deficiencies, or may present argument or evidence not considered in the original sentencing, thereby preventing the necessity of a remand for resentencing. State v. Mims, 619 So. 2d 1059 ( La. 1993) ( per curiam). Under the clear language of LSA- C. Cr.P. art. 8811( E), the failure to make or file a motion to reconsider sentence precludes a defendant from raising an objection to the sentence on appeal, including a claim of excessiveness. A motion to reconsider sentence was not filed in this case. Thus, the defendant is procedurally barred from having his challenge to the sentence reviewed by this court on appeal. State v. Felder, 2000- 2887 ( La. 2001- 3027 ( La. App. 10/ 25/ 02), lst Cir. 9/ 28/ O1), 827 So. 2d 1173. 809 So. 2d 360, 369, writ denied, Accordingly, the defendant' s assignment of error is without merit. CONVICTIONS AND SENTENCES AFFIRMED. 3
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