State of Louisiana Versus Perry J Haydel Jr
CourtLouisiana Court of Appeal
Date FiledNovember 4, 2026
Docket26-KA-55
JudgeShayna Beevers Morvant
StatusUnknown
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Full Opinion
Fifth Circuit Court of Appeal
State of Louisiana
__________
No. 26-KA-55
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STATE OF LOUISIANA
versus
PERRY J HAYDEL JR
ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT
PARISH OF JEFFERSON, STATE OF LOUISIANA
NO. 21-4489, DIVISION "M"
HONORABLE SHAYNA BEEVERS MORVANT, JUDGE PRESIDING
November 04, 2026
FREDERICKA HOMBERG WICKER
JUDGE
Panel composed of Judges Fredericka Homberg Wicker,
Stephen J. Windhorst, and Timothy S. Marcel
SENTENCE VACATED;
REMANDED FOR RESENTENCING
FHW
SJW
TSM
COUNSEL FOR DEFENDANT/APPELLANT,
PERRY J. HAYDEL, JR.
Holli A. Herrle-Castillo
Remy V. Starns
COUNSEL FOR PLAINTIFF/APPELLEE,
STATE OF LOUISIANA
Honorable Paul D. Connick, Jr.
Thomas J. Butler
Monique D. Nolan
Norma B. Broussard
Molly M. Massey
WICKER, J.
Appellant, Perry J. Haydel, Jr., seeks review of his sentence, imposed by the
24th Judicial District Court pursuant to a remand from this Court. The sentence
was imposed on a multiple offender bill of information filed against him by the
State to which he pled guilty. For the reasons stated below, we vacate the district
court’s judgment imposing the sentence and remand the matter to the District
Court for resentencing in accordance with this opinion.
FACTS AND PROCEDURAL BACKGROUND
This Court set out the following facts and the procedural background of this
matter in our opinion on Mr. Haydel’s first appeal. State v. Haydel, 24-487 (La.
App. 5 Cir. 9/24/25), 423 So.3d 110, 111-13.
On July 29, 2021, the Jefferson Parish District Attorney filed a bill of
information charging Defendant, Perry J. Haydel, Jr., with seven
counts of simple burglary in violation of La. R.S. 14:62. Haydel
initially pled not guilty to all counts; however, upon his acceptance
into [the] 24th Judicial District Court Swift and Certain Specialty
Court Program, he withdrew his initial plea and entered a plea of
guilty as charged. The trial court then deferred the imposition of
sentence pending Haydel’s successful completion of the specialty
court program and placed him on active supervised probation for five
years. At that time, the trial court informed Haydel that, if he failed to
successfully complete the specialty court program, the court would
revoke his probation and impose a sentence of imprisonment on all
counts, and further that the District Attorney would have the option of
seeking an enhancement of his sentence as a second-felony offender
under Louisiana’s Habitual Offender Law, La. R.S. 15:529.1.
On August 2, 2023, after Haydel failed to comply with the
requirements of the specialty court program, the trial court revoked
his probation and sentenced him to imprisonment for seven years at
hard labor on counts one, two, and three; and ten years at hard labor
on counts four, five, six, and seven – all to be served concurrently.
Thereafter, on June 12, 2023, the District Attorney filed a multiple
offender bill of information against Haydel, seeking enhancement of
his sentence as a second-felony offender under La. R.S. 15:529.1.
On August 16, 2023, the trial court held a hearing on the multiple bill.
During the hearing, Haydel stipulated to all allegations asserted in the
multiple bill and then entered a plea of guilty admitting his status [as]
a second felony offender. After accepting Haydel’s guilty plea, the
trial court vacated his original sentence and resentenced him as a
second-felony offender to eighteen years imprisonment at hard labor,
26-KA-55 1
without the benefit of probation or suspension of sentence. Following
the multiple bill hearing, Haydel filed a motion for reconsideration of
sentence, which the trial court denied.
A year later, on August 20, 2024, Haydel filed a pro se uniform
application for post-conviction relief and requested authorization to
file an out-of-time appeal pursuant to State v. Counterman, 475 So.2d
336 (La. 1985). In his application, Haydel identified his multiple
offender adjudication and enhanced sentence of eighteen years
imprisonment as the judgment of conviction being appealed. On
August 29, 2024, the trial court granted Haydel’s request for an out-
of-time appeal and assigned appellate counsel to represent him.
On appeal, we affirmed Mr. Haydel’s multiple offender adjudication but
found that the sentence on the multiple offender bill of information was
indeterminate because the district court failed to specify the count to be vacated or
enhanced. As a result, we remanded the matter to the district court for
resentencing with instructions for the court to specify which of Mr. Haydel’s seven
counts of simple burglary was being vacated and enhanced.
On November 12, 2025, the district court resentenced Mr. Haydel to
eighteen years imprisonment at hard labor, without benefit of probation or
suspension of sentence, on count one of his conviction, to run concurrently with
the sentences the court had imposed on counts two through seven. Mr. Haydel
filed a pro se Motion for Appeal and Designation of Record, postmarked
December 5, 2025, which was stamped as filed in the district court on December
17, 2025.1 The district court granted Mr. Haydel’s appeal on January 9, 2026. Mr.
Haydel timely appealed to this Court.
ASSIGNMENT OF ERROR
Mr. Haydel, who is represented by counsel in this appeal, assigns a single
error – that, in his sentencing on remand, the trial court erred in failing to vacate
1
A pleading filed by an incarcerated person is deemed filed as of the date the pleading is
delivered to prison authorities for mailing. Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101
L.Ed.2d 245 (1988); State ex rel. Johnson v. Whitley, 92-2689 (La. 1/6/95), 648 So.2d 909. The
district court issued a nunc pro tunc order on August 23, 2025, stating that Mr. Haydel’s
sentences were to run concurrently, thereby attempting to correct its failure to state whether the
sentences were to run concurrently or consecutively.
26-KA-55 2
the underlying seven year sentence when it imposed a sentence of eighteen years
on count one, pursuant to the habitual offender adjudication.
DISCUSSION
The transcript of Mr. Haydel’s November 12, 2025 resentencing reflects
that the district court did not vacate his sentence as to count one prior to imposing
the enhanced sentence pursuant to the habitual offender adjudication. The State
agrees that the trial court failed to vacate the sentence on count one when it
imposed an enhanced sentence as to that count pursuant to the habitual offender
adjudication but argues that it was sufficient that the district court vacated the
sentence on August 16, 2023, in conjunction with Mr. Haydel’s original habitual
offender sentence. The State concedes, however, that if this Court finds that the
August 16, 2023 vacatur was invalid, “the proper remedy is to remand the matter
for resentencing pursuant to La. R.S. 15:529.1, with instructions for the district
court to vacate Count One’s original sentence prior to the Habitual Offender
sentencing.”
In fact, this Court has already found the August 16, 2023 vacature to be
invalid when we decided Mr. Haydel’s first appeal. There, we vacated Mr.
Haydel’s habitual offender sentence, which was null and void as a result of the
district court’s failure to specify which count was being vacated and enhanced.
Haydel, 423 So.3d at 117. On remand, the district court specified which count –
count one – was being enhanced but failed to vacate the original seven-year
sentence on count one prior to sentencing Mr. Haydel as a habitual offender as to
that count. The district court stated:
Specifically, Court notes that the sentence imposed as a habitual
offender, pursuant to the Multiple Offender Bill filed, is specifically
Count 1 of the sentence, sentence pursuant to Revised Statute 15:529.1,
18 years Department of Corrections at hard labor; 18 years to be served
without benefit or probation or suspension of sentence. Sentence is to
run concurrent with Counts 2, 3, 4, 5, 6, and 7 of the Bill of Information.
26-KA-55 3
La. R.S. 15:529.1 states, in pertinent part:
When the judge finds that [a defendant] has been convicted of a prior
felony or felonies, or if he acknowledges or confesses in open court,
after being duly cautioned as to his rights, that he has been so
convicted, the court shall sentence him to the punishment prescribed
in this Section, and shall vacate the previous sentence if already
imposed, deducting from the new sentence the time actually served
under the sentence so vacated.
The statute is mandatory. It states that the trial court shall vacate the
previous sentence prior to sentencing a defendant who has been adjudicated to be a
habitual offender. This Court has repeatedly held that when the district court fails
to vacate a defendant’s original sentence on an underlying offense prior to
sentencing the defendant as a habitual offender, the original sentence remains in
effect, and the subsequent sentence as a multiple offender is null and void. State v.
Dillon, 23-423 (La. App. 5 Cir. 6/5/24), 391 So.3d 82, 95, writ denied, 24-835 (La.
11/14/24), 395 So.3d 1182; State v. Lyles, 17-405 (La. App. 5 Cir. 2/21/18), 239
So.3d 1055, 1057; State v. Netter, 11-202 (La. App. 5 Cir. 11/29/11), 79 So.3d
478, 483-84; State v. London, 98-65 (La. App. 5 Cir. 5/27/98), 712 So.2d 287, writ
denied, 98-1903 (La. 11/13/98), 730 So.2d 933.
The district court failed to comply with the mandatory provisions of La. R.S.
15:529.1 when it neglected to vacate Mr. Haydel’s sentence as to count one prior
to sentencing him as a habitual offender as to that count. Accordingly, Mr.
Haydel’s November 12, 2025 sentence as a habitual offender is vacated, and the
matter is remanded to the district court with instructions to vacate Mr. Haydel’s
original sentence on count one prior to sentencing him as a habitual offender. We
have previously affirmed Mr. Haydel’s adjudication as a multiple offender under
La. R.S. 15:529.1.
26-KA-55 4
ERROR PATENT DISCUSSION
The record was reviewed for errors patent. La. C.Cr.P. art. 920; State v.
Oliveaux, 312 So.2d 337 (La. 1975); State v. Weiland, 556 So.2d 175 (La. App.. 5
Cir. 1990). We found no errors patent.
DECREE:
For the reasons stated above, we vacate appellant’s November 12, 2025
sentence and remand the matter to the district court for resentencing in accordance
with this opinion.
SENTENCE VACATED;
REMANDED FOR RESENTENCING
26-KA-55 5
SUSAN M. CHEHARDY CURTIS B. PURSELL
CHIEF JUDGE CLERK OF COURT
SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
STEPHEN J. WINDHORST LINDA M. TRAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400
(504) 376-1498 FAX
www.fifthcircuit.org
NOTICE OF JUDGMENT AND CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE OPINION IN THE BELOW-NUMBERED MATTER HAS BEEN DELIVERED
IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 2-16.4 AND 2-16.5 THIS DAY
NOVEMBER 4, 2026 TO THE TRIAL JUDGE, CLERK OF COURT, COUNSEL OF RECORD AND ALL PARTIES
NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:
26-KA-55
E-NOTIFIED
24TH JUDICIAL DISTRICT COURT (CLERK)
HONORABLE SHAYNA BEEVERS MORVANT (DISTRICT JUDGE)
HOLLI A. HERRLE-CASTILLO (APPELLANT) MONIQUE D. NOLAN (APPELLEE) THOMAS J. BUTLER (APPELLEE)
REMY V. STARNS (APPELLANT) MOLLY M. MASSEY (APPELLEE)
NORMA B. BROUSSARD (APPELLEE)
MAILED
NO ATTORNEYS WERE MAILED