STATE OF LOUISIANA Vs. ARMAND W. ALFRED, III
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA * NO. 2003-KA-1519 VERSUS * COURT OF APPEAL ARMAND W. ALFRED, III * FOURTH CIRCUIT * STATE OF LOUISIANA * * ******* APPEAL FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 407-430, SECTION “K” Honorable Arthur Hunter, Judge ****** Judge Edwin A. Lombard ****** (Court composed of Judge Charles R. Jones, Judge Terri F. Love, Judge Edwin A. Lombard) Eddie J. Jordan, Jr. District Attorney Claire Adriana White Assistant District Attorney 619 South White Street New Orleans, LA 70119 COUNSEL FOR PLAINTIFF/APPELLEE Holli Herrle-Castillo LOUISIANA APPELLATE PROJECT P. O. Box 2333 Marrero, LA 70073 COUNSEL FOR DEFENDANT/APPELLANT AFFIRMED. The defendant/appellant, Armand W. Alfred, III, was sentenced as a fourth felony offender to life imprisonment without benefit of parole, probation, or suspension of sentence. After review of the record, the applicable law, and the briefs submitted by the parties, we affirm the sentence imposed by the trial court. Relevant Facts and Procedural History After a trial by judge on November 11, 1999, the appellant was convicted of purse snatching in violation of La. Rev. Stat. 14:65.1. On November 18, 1999, he was sentenced to serve eight years at hard labor. The state filed a multiple bill charging him as a fourth felony offender, and after a hearing on December 10, 1999, the trial court found the appellant guilty of being a third felony offender. The State appealed, and this Court reversed the trial court, finding that the State proved Mr. Alfred’s fourth offender status and remanding the case to the trial court for sentencing. State v. Alfred, 2001-0237 (La. App. 4 Cir. 7/16/01), unpub. On June 18, 2002, the trial court vacated its previous sentence and resentenced the appellant to life imprisonment, without benefit of parole, probation, or suspension of sentence. Although appellant’s counsel at the hearing objected to the sentence, he gave no basis or reasons for his objection and failed to file a motion for reconsideration of the sentence. In his only assignment of error on appeal, the appellant contends that his sentence is excessive. Because no motion to reconsider the sentence was filed in the trial court, however, the appellant is precluded from raising this claim on appeal. See La. Code Crim. Proc. art. 881.1(D); State v. Robinson, 98-1606 (La. App. 4 Cir. 8/11/99), 744 So. 2d 119, 124-25; State v. Martin, 97-0319 (La. App. 4 Cir. 10/1/97), 700 So. 2d 1322, 1323; State v. Green, 93-1432 (La. App. 4 Cir. 4/17/96), 673 So. 2d 262, 256; State v. Salone, 931635 (La. App. 4 Cir. 12/28/94), 648 So. 2d 494, 495-96. Accordingly, appellant’s conviction and sentence are affirmed. AFFIRMED.
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