State of Louisiana v. Billy W. Hyatt

── State of Louisiana v. Billy W. Hyatt ── Court: Louisiana Court of Appeal Date: May 20, 2026 Category: General STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 25-651 STATE OF LOUISIANA VERSUS BILLY W. HYATT ********** APPEAL FROM THE THIRTY-SIXTH JUDICIAL DISTRICT COURT PARISH OF BEAUREGARD, NO. CR-2023-971 HONORABLE MARTHA A. O'NEAL, DISTRICT JUDGE ********** GARY J. ORTEGO JUDGE ********** Court composed of Sharon Darville Wilson, Gary J. Ortego, and Clayton Davis, Judges. AFFIRMED. Hon. James R. Lestage District Attorney 36th Judicial District Adam M. Bone Assistant District Attorney Richard A. Morton First Assistant District Attorney 124 South Stewart St. DeRidder, LA 70634 (337) 463-5578 COUNSEL FOR APPELLEE: State of Louisiana Remy Voisin Starns State Public Defender Louisiana Appeals & Writ Service of The Office of the State Public Defender 301 Main St., Suite 700 Baton Rouge, LA 70325 (225) 219-9305 COUNSEL FOR DEFENDANT/APPELLANT: Billy W. Hyatt Annette Fuller Roach P. O. Box 6547 Lake Charles, LA 70606 (337) 436-2900 COUNSEL FOR DEFENDANT/APPELLANT: Billy W. Hyatt ORTEGO, Judge. On May 8, 2025, the State filed an amended bill of information charging Defendant, Billy W. Hyatt, with the following: 1) possession of less than twenty- eight grams of a Schedule II controlled dangerous substance–methamphetamine– with intent to distribute, in violation of La.R.S. 40:967(A)(B)(1)(a); 2) illegal carrying of weapons, in violation of La.R.S. 14:95(E); and 3) possession of a firearm by a person convicted of a felony, in violation of La.R.S. 14:95.1. On May 19, 2025, jury selection occurred, and evidence was adduced from May 20 through May 21, 2025. On May 22, 2025, the jury unanimously found Defendant guilty on all counts. On June 2, 2025, the State filed a habitual offender bill of information. On June 9, 2025, Defendant filed a motion for new trial, which was denied that same day. Also on June 9, Defendant stipulated that he was a fourth felony offender. Because of this, the State agreed to recommend twenty-year hard labor sentences for counts one and two. While count one was to be served without benefit of probation or suspension of sentence, count two was to be served without benefit of probation, parole, or suspension of sentence. Additionally, the State agreed to recommend that these two sentences run concurrently. There was no sentencing recommendation regarding count three. On June 16, 2025, Defendant was sentenced. For count one, he received twenty years at hard labor without benefit of probation or suspension of sentence. For count two, he received twenty years at hard labor without benefit of probation, parole, or suspension of sentence. For count three, he received forty years at hard labor without benefit of probation, parole, or suspension of sentence. The court ordered counts one and two to run concurrently to each other. However, they were to run consecutively to count three, as well as to any other sentence that was imposed on Defendant in the past.  After receiving these sentences, Defendant told the court he intended to file a motion for appeal. However, since Defendant had already filed one on June 6, 2025, the court told Defendant there was no need to file a new motion. The trial court, on June 16, 2025, using the June 6 filing, granted Defendant’s appeal, and Defendant lodged his appeal with this court on February 11, 2026. ASSIGNMENTS OF ERROR: Defendant’s appeal contains three assignments of error. 1) The evidence was insufficient to support the convictions for each of the three offenses - illegal possession of a weapon while in