Date: 10-06-2020

Case Style:

Case Number: 53,611-KA

Judge: Jeanette Garrett

Court: COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA

Plaintiff's Attorney: JAMES E. STEWART, SR.
District Attorney
ROSS S. OWEN
ERICA N. JEFFERSON
ALEXANDRA L. PORUBSKY
Assistant District Attorneys

Defendant's Attorney:

Description: Shreveport, LA - Criminal Defense Attorney, possession of a firearm or carrying a concealed weapon by a convicted felon and possession with intent to distribute cocaine


Following a jury trial, the defendant, Roosevelt Ardison, was
convicted of possession of a firearm or carrying a concealed weapon by a
convicted felon and possession with intent to distribute cocaine. He was
sentenced to 20 years at hard labor without benefit of probation, parole, or
suspension of sentence on the former conviction, and 20 years at hard labor,
with the first two years to be served without benefit of probation, parole, or
suspension of sentence, on the latter conviction. The sentences were to be
served concurrently. This court affirmed his convictions, vacated his
sentences, and remanded for resentencing. While the defendant’s
subsequent writ application was pending before the Louisiana Supreme
Court, the trial court resentenced the defendant to essentially the same
sentences.1
For the reasons expressed below, we vacate the sentences and
order the trial court to stay the proceedings below.
The facts are fully recounted in State v. Ardison, 52,739 (La. App. 2
Cir. 6/26/19), ___ So. 3d _____, 2019 WL 10303729. To briefly recap, the
police encountered the defendant in June 2017 in front of a “trap house.”
According to law enforcement witnesses, a “trap house” is a house where
drug dealers, who do not live at that particular home, gather to ply their
trade. When an officer patted down the defendant, he was found to be in
possession of a loaded handgun. The defendant threw away a sock
containing approximately one gram of cocaine packaged in 11 individual
bags. Consequently, the defendant was charged with possession of a firearm

1 However, this time the trial court failed to order that the first two years of the
drug conviction sentence be served without benefit of probation, parole, or suspension of
sentence, as mandated by La. R.S. 40:967(B)(4)(b) at the time of the offense.
2
or carrying a concealed weapon by a convicted felon and possession with
intent to distribute cocaine. He filed a motion to suppress, which was
denied. While the jury unanimously convicted him of the weapon charge, he
was convicted of the drug charge by a vote of 10 to 2. He was sentenced as
discussed above, and his motion to reconsider sentence was denied. On
appeal, this court addressed the following issues raised by the defendant: the
denial of the motion to suppress, insufficient sentencing record/imposition of
excessive sentences, and, as error patent, the non-unanimous jury verdict on
the drug charge. The court affirmed his convictions but found that the
record did not provide an adequate basis to review the sentences.
Accordingly, the sentences were vacated and the matter remanded for
resentencing. On July 29, 2019, the defendant filed a writ of certiorari with
the Louisiana Supreme Court seeking review of this court’s June 2019
opinion, specifically the ruling on the motion to suppress and, as error
patent, the non-unanimous jury verdict on the drug charge. On August 14,
2019, while the writ was pending, the trial court resentenced the defendant.
The defendant’s motion to reconsider sentence was denied. Thereafter, the
defendant filed the instant appeal, in which he asserted that the trial court
again failed to adequately build a record with reasons justifying the
sentences imposed and, alternatively, that the sentences were excessive.
On April 20, 2020, the United States Supreme Court rendered its
decision in Ramos v. Louisiana, 140 S. Ct. 1390, 206 L. Ed. 2d 583 (2020),
holding that the Sixth Amendment right to a jury trial, as incorporated
against the States by way of the Fourteenth Amendment, requires a
unanimous verdict to convict a defendant of a serious offense. The
Louisiana Supreme Court subsequently determined that the holding of
3
Ramos applied to cases pending on direct review when Ramos was decided.
State v. Richardson, 2020-00175 (La. 6/3/20), 296 So. 3d 1050.
In June 2020, the state filed a motion for dismissal of the instant
appeal or, in the alternative, for extension of time in which to file a brief.
The state acknowledged that, because the instant matter was pending on
direct review when Ramos was decided, the holding of Ramos applies to the
defendant’s drug conviction. It also suggested that, due to the pending writ,
resentencing was premature and raised the issue of jurisdiction. It requested
that this court dismiss the current appeal, vacate the August 2019
resentencing, remand the case to the trial court, and stay the proceedings
pending the Louisiana Supreme Court’s ruling. We granted the motion for
extension of time but referred the motion to dismiss to the merits.
Due to the pending writ, we find that the trial court lacked jurisdiction
when it prematurely resentenced the defendant. See State v. West, 578 So.
2d 1016 (La. App. 4 Cir. 1991). As a result, we are obliged to vacate the
sentences imposed upon the defendant by the trial court on remand. We
remand the matter to the trial court, which we direct to stay any further
proceedings until such time as the Louisiana Supreme Court acts upon the
defendant’s pending writ. The state’s motion to dismiss the appeal is
denied.

Outcome: SENTENCES VACATED; MATTER REMANDED TO TRIAL COURT FOR IMPOSITION OF STAY; STATE’S MOTION TO DISMISS APPEAL DENIED.

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