State v. Roberts

1,1 join in the majority opinion in all respects but write separately to address a sentencing error under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), identified while reviewing for error pursuant to Louisiana Code of Civil Procedure article 920.

The trial court added three years to the defendant’s sentence pursuant to Louisiana Revised Statute 14:50.2 because the victim was sixty-five years of age or older at the time the crime was committed. The verdict form does not reflect a…