Friday, 12 July 2024

Man receives a LIFE SENTENCE for breaking into a car

Edward Aaron Lowery, Jr. was charged with two counts of simple burglary under La. R.S. 14:62 and pleaded not guilty. The trial court denied his motions to suppress evidence and his confession. A jury trial resulted in Lowery being found guilty on both counts. Following this, the state filed a multiple offender bill of information. The trial court denied Lowery's post-verdict motions for acquittal and a new trial. He was subsequently adjudicated as a fourth felony habitual offender. For the first count, Lowery received a life sentence at hard labor without the possibility of parole, probation, or suspension of sentence. For the second count, he was sentenced to twelve years at hard labor, to be served concurrently with the life sentence. The trial court also denied his motion to reconsider the sentence. Lowery now appeals, presenting the following arguments:

The trial court erred in denying the motion to suppress.

The trial court incorrectly classified him as a fourth felony offender.

The sentence is excessive.

The trial court failed to properly inform him of the deadlines for filing for post-conviction relief.

In his supplemental brief, Lowery contends that the trial court erred by using a cocaine possession charge (punishable by less than ten years) to sentence him to life imprisonment, by considering fingerprints from an arrest registry in adjudicating him a fourth felony habitual offender, and by imposing two sentences in this case.

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