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State v. Cowden11/30/2004
nd suspended "all but 30 days of that sentence." The commitment states, "[s]entence is suspended," but does not indicate that 30 days of the sentence was not suspended and must be served. Accordingly, we order the trial court to correct the commitment to reflect that 30 days of defendant's sentence was not suspended.
Third, the trial judge failed to specify the conditions of home incarceration, as required by LSA-R.S. 14:98(D)(3)(a), at the time of sentencing. The record does not reflect whether the trial judge gave defendant a certificate setting forth the conditions of her home incarceration.
In State v. Parent, 01-50 (La.App. 5 Cir. 5/30/01), 788 So.2d 685, 690, defendant was convicted of theft. Part of defendant's sentence included home incarceration pursuant to LSA-C.Cr.P. art. 894.2. However, according to the record, the trial judge failed to specify the conditions of home incarceration at the time of sentencing or give defendant a certificate setting forth the conditions of her home incarceration. Thus, this Court affirmed defendant's conviction and sentence, and remanded the matter to the trial court to hold a hearing regarding the conditions of defendant's home incarceration within ten days and to file written proof in the record that this requirement was met.
Accordingly, as was done in Parent, we remand this case to the trial court and order it to hold a hearing within ten days of this opinion regarding the conditions of defendant's home incarceration, in order to comply with the provisions of LSA-C.Cr.P. art. 894.2 and R.S. 14:98(D)(3)(a). We further order the trial court to file written proof in the record indicating that this hearing was held and that defendant's conditions of home incarceration have been specified.
DECREE
*16 For the reasons set forth above, we affirm defendant's conviction and sentence. However, we remand the case and order the trial court to inform defendant of the two-year prescriptive period by sending her written notice within ten days after the rendition of this opinion and to file written proof in the record that defendant received such notice. Further, we order the trial court to correct the commitment to reflect that 30 days of defendant's sentence was not suspended. Finally, we order the trial court to hold a hearing within ten days of this opinion regarding the conditions of defendant's home incarceration and to file written proof in the record indicating that this hearing was held and that defendant's conditions of home incarceration have been specified.
AFFIRMED; REMANDED WITH INSTRUCTIONS.
FN1. The trial court imposed special conditions of probation as follows:
(1) one year and eleven months of home incarceration;
(2) enter and complete a four to six week in-patient substance abuse program;
(3) enter and complete an out-patient substance abuse and driver's improvement program;
(4) vehicle seized unless an exemption can be shown.
FN2. The younger Claverie will be referred to as "Claverie," and his father will be referred to as "Claverie, Sr."
FN3. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
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