State v. Scott
State v. Scott
Opinion of the Court
hThe defendant, Erick Dewayne Scott, was charged by grand jury indictment with second degree murder, a violation of La. R.S. 14:3o.!.
FACTS
Around 5:30 p.m. on February 14, 2012, Elaine Jackson picked up her friend, Kevin
The defendant did not testify at trial.
ASSIGNMENT OF ERROR
In his sole assignment of error, the defendant argues that the trial court abused its discretion in sentencing him without investigating and considering relevant sentencing factors.
|?A thorough review of the record reveals that the defendant did not make or file a motion to reconsider sentence following the trial court’s imposition of the sentence. Pursuant to La.Code Crim. P. arts. 881.1(E) and 881.2(A)(1), the failure to make an oral motion or file a written motion to reconsider sentence shall preclude the defendant from raising an objection to the sentence on appeal, including a claim of excessiveness. See State v. Mims, 619 So.2d 1059, 1059-60 (La. 1993) (per curiam). The defendant, therefore, is procedurally barred from having this assignment of error reviewed because of his failure to make or file a motion to reconsider sentence after being sentenced. See State v. Duncan, 94-1563 (La.App. 1st Cir.12/15/95), 667 So.2d 1141, 1143 (en banc) (per curiam).
The assignment of error is without merit.
CONVICTION AND SENTENCE AFFIRMED.
. The defendant’s middle name is spelled "Dewayne” or "Dwayne” in various parts of the record. We adopt the spelling used in the bill of information. The defendant was also charged with possession of a firearm while in possession of marijuana, a violation of La. R.S. 14:95(E). This count was severed prior to trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.