STATE of Louisiana v. Sullivan WALTER . Court of Appeal of Louisiana Fourth Circuit . William J. Guste, Jr. , Atty. Gen., William B. Faust, III , Asst. Atty. Gen., Harry F. Connick , Dist. Atty., John H. McCusker, III , Assistant Dist. Atty., New Orleans, for plaintiff - appellee , State of La. James A. Dunn, Jr. , New Orleans, for defendant - appellant , Sullivan Walter . Before GULOTTA , C.J., and GARRISON and WARD , JJ. Sullivan Walter was convicted of forcible rape, aggravated burglary, and two counts of aggravated crime against nature. He was sentenced as a multiple offender on the forcible rape conviction to 35 years imprisonment at hard labor without benefit of probation or good time and without benefit of parole for the first half of the sentence. On each of the other convictions he was sentenced to 15 years imprisonment at hard labor without benefit of parole, probation or suspension of sentence. All sentences were to run concurrently. On May 10, 1986 at approximately midnight, the victim had just finished cleaning her bedroom carpet and was taking a shower; her eight year old son was sleeping in an adjacent bedroom. She heard a noise at the front of the house and investigated, but found nothing unusual. She returned to showering. Moments later, a young black man stepped into the bathroom with a yellow rag over his face, carrying a large kitchen knife. He held the knife to the victim's throat, and told her to be quiet or he would hurt her and her son. He dragged her into her bedroom, pushed her to the floor and ordered her to perform fellatio on him. He then performed cunnilingus on the victim and had intercourse with her. In the struggle, the victim sustained lacerations and bruises. At trial, the victim testified that during the commission of the crimes the assailant dropped the rag from his face and she was able to observe him at very close range for several minutes in the lighted bedroom. The police detective who handled the case testified that four days after the crimes, he took the victim to a police artist who drew a composite sketch of the perpetrator. When the sketch was circulated through the New Orleans Police Department , another officer recognized the sketch as Sullivan Walter . The victim was then shown a photographic line-up, and she identified Walter as her assailant. She also identified Walter at trial. On appeal, Walter assigns one error. He argues that he was prejudiced because the State did not respond in a timely manner to his motion for discovery of the results of scientific tests, making it impossible for him to fully prepare his defense. Upon consideration of this assignment of error, we affirm Walter's convictions subject to his right to move for a new trial. Our review of the record for patent errors reveals an error in Walter's sentence, which we amend. In his assignment of error, Walter contends that his conviction should be reversed because the State did not produce the results of a New Orleans Police Department laboratory analysis of seminal fluid from the victim's clothing until the day of trial. Several weeks before trial defense counsel had filed a Motion for Bill of Particulars and Discovery and Inspection requesting, among other things, copies of any scientific tests discoverable under La.C.Cr.P. art. 719 . Although the State 's answer to the motion indicates that all such reports were attached to the answer, the State concedes in its brief that the report from the police laboratory was not given to defense counsel until the day of trial. The laboratory report was not admitted into evidence, but the police criminalist who had performed the analysis and prepared the report testified to its contents. He ... 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Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant Access comprehensive legal content with no limitations across vLex's unparalleled global legal database Access comprehensive legal content with no limitations across vLex's unparalleled global legal database Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant Access comprehensive legal content with no limitations across vLex's unparalleled global legal database Access comprehensive legal content with no limitations across vLex's unparalleled global legal database Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant Access comprehensive legal content with no limitations across vLex's unparalleled global legal database Access comprehensive legal content with no limitations across vLex's unparalleled global legal database Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting State v. Shaffer United States Court of Appeal of Louisiana July 12, 1988 ... ... See also State v. Bunch, 510 So.2d 1266 (La.App. 4th Cir.1987) in a denial of rehearing per curiam. Thereafter, however, this court in State v. Perkins, 514 So.2d 585 (La.App. 4th Cir.1987) and State v. Walter , 514 So.2d 620 (La.App. 4th Cir.1987) reached conclusions consistent with State v. Burgess, supra ... Our consideration of the rationale in the cited cases leads us to conclude that the trial judge is clothed with the authority to impose a sentence prohibiting parole eligibility ... ... Court of Appeal of Louisiana 94-2221 La.App. 4 Cir. 7/23/97, State v. Walter United States Court of Appeal of Louisiana July 23, 1997 Court of Appeal of Louisiana State v. Kelly United States Court of Appeal of Louisiana January 18, 1989 ... ... La.C.Cr.P. art. 893. He is "eligible for parole consideration upon serving one-half of the sentence imposed," La.R.S. 15:574.4A(1); and we correct his sentence in this respect. See State v. Walter , 514 So.2d 620 (La.App. 4th Cir.1987). In addition, his commitment and sentence indicate that Kelly's sentence is to be concurrent with any imposed as a result of his probation revocation. The record and the judge's sentencing remarks make it clear, however, that Kelly's pending revocation ... ... Court of Appeal of Louisiana January 18, 1989 94-2221 La.App. 4 Cir. 5/29/96, State v. Walter United States Court of Appeal of Louisiana May 29, 1996 Court of Appeal of Louisiana