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State v. Bourgeois3/14/2001
a.App. 1 Cir.4/4/96), 672 So.2d 361, 372.
In addition to Trooper Galmiche testifying on re-direct that the accident took place in Jefferson Parish, both Ms. Mouton and Trooper Galmiche testified on direct and cross-examination that the accident took place on Meadowcrest Boulevard at Louisiana Highway 23, near Meadowcrest Hospital. The trial court's statement that he can take judicial notice of the streets is irrelevant, as it had already been properly established where the accident took place. Defendant's third and fourth assignments of error therefore lack merit.
Finally, pursuant to La. C.Cr.P. art. 920, the record was reviewed for errors patent. Upon review, we note that defendant received an illegally lenient sentence. The trial court did not impose the mandatory restriction that at least six months of the imposed sentence "shall be without benefit of probation, parole, or suspension of sentence," in accordance with La. R.S. 14:98(D)(1). Additionally, it does not appear from the record that the trial court determined that defendant was eligible for home incarceration, as required by the statute. According to La. C.Cr.P. art. 894.2(J), a defendant convicted of a second or subsequent DWI is not eligible for home incarceration until that defendant has served a minimum of forty-eight consecutive hours imprisonment. Although the sentence is illegally lenient, the state neither objected to the sentence in the trial court nor raised the issue on appeal. This Court will not amend or set aside an illegally lenient sentence on its own motion. State v. Fraser, 484 So.2d 122, 124 (La.1986); State v. Pickett, 99-0532 (La.App. 5 Cir.10/26/99), 746 So.2d 185, 190.
Accordingly, for the foregoing reasons, defendant's conviction and sentence are hereby affirmed.
AFFIRMED.
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