STATE OF LOUISIANA v. ANTONIO MARKUEZ BROWN (2026)

Writ application granted; reversed in part; sentence reinstated. See per curiam.

PDG

JLW

JDH

JBM

JMG

CRC

WHB

Supreme Court of Louisiana October 06, 2026

SUPREME COURT OF LOUISIANA

No. 2026-K-00107

STATE OF LOUISIANA

VS.

ANTONIO MARKUEZ BROWN

On Writ of Certiorari to the Court of Appeal, Second Circuit, Parish of Ouachita

PER CURIAM

Writ granted; reversed in part. Defendant was convicted of obscenity and sentenced under R.S. 14:106(G)(1). The court of appeal erred in finding, as part of its review of the record for errors patent, that defendant's sentence was illegally lenient. That finding was based on testimony establishing that the act was committed in the presence of an unmarried person under the age of seventeen, and such facts were not charged in the bill of information. See La.C.Cr.P. art. 920 (restricting error patent review to an inspection of the pleadings without inspection of the evidence); see also State v. Kelly, 2015-0484 (La. 6/29/16), 195 So. 3d 449; State v. Harris, 1999-0820 (La. App. 1 Cir. 2/18/00), 754 So.2d 304. Accordingly, the portion of the court of appeal's decision vacating defendant's sentence and remanding for resentencing is reversed, and defendant's original sentence imposed by the trial court is reinstated.

REVERSED IN PART; SENTENCE REINSTATED.