JUDE G. GRAVOIS, Judge.
Defendant, Lilronald Williams, has appealed his sentences imposed as a result of his two convictions for armed robbery. For the following reasons, we vacate the sentences and remand the matter for resentencing.
On August 12, 2009, the Jefferson Parish District Attorney filed a bill of information charging defendant with two counts of armed robbery in violation of La. R.S. 14:64. Specifically, the bill reflected that the robberies were committed with a "Handgun as per 14:64.3." Defendant proceeded to trial, and on July 1, 2010, a 12-person jury returned verdicts of guilty as charged on both armed robbery counts. On July 23, 2010, defendant filed a motion for a new trial, arguing that the verdict was contrary to the law and the evidence, that defendant had discovered a prejudicial error since the verdict, and that the ends of justice required a new trial.
On September 17, 2010, defendant was sentenced to twenty-five years imprisonment
On appeal, this Court pretermitted defendant's assigned errors, vacated defendant's sentences, and remanded the matter for a ruling on defendant's motion for a new trial. State v. Williams, 11-65 (La. App. 5 Cir. 12/13/11), 81 So.3d 908.
The record on remand indicates that defendant appeared on February 3, 2012 for resentencing; however, the minute entry for that date indicates that defendant expressed that he wanted to retain other counsel for resentencing and his resentencing was accordingly continued. Thereafter, on July 25, 2012, defendant filed a brief in support of sentencing. On July 27, 2012, defendant's motions for a new trial and to reconsider sentence were denied. He was then resentenced to concurrent 25-year terms of imprisonment with the Department of Corrections on each count, to be served without the benefit of parole, probation, or suspension of sentence.
On August 16, 2012, defendant filed a written motion for appeal, which was granted.
In this, his second appeal, defendant argues that the trial judge failed to adhere to the 24-hour sentencing delay in accordance with La.C.Cr.P. art. 873 when he sentenced defendant immediately after the denial of defendant's motion for a new trial. Defendant also argues that the sentences imposed were excessive.
Upon review of the record in advance of addressing defendant's assignment of errors, we note that when he resentenced defendant, the trial judge failed to reference the mandatory five-year firearm enhancement provision required by La. R.S. 14:64.3. Accordingly, we find that the trial judge imposed indeterminate sentences in this case for defendant's armed robbery convictions.
La. R.S. 14:64.3(A) provides as follows:
Although the State filed a bill of information that referenced La. R.S. 14:64.3, the jury charges did not reference "armed robbery with a firearm." Rather, the jury was instructed as to armed robbery with a dangerous weapon. Further, the written jury verdict sheet did not reference "armed robbery with a firearm." At trial, however, the State presented evidence to show that guns were the only weapons used in the commission of the armed robberies.
Thus, because the trial judge failed to impose the mandatory five-year firearm enhancement sentences required by La. R.S. 14:64.3, we find that the sentences imposed are indeterminate. Accordingly, these sentences are vacated and this matter is remanded for resentencing. This ruling necessitates that we pretermit any discussion of defendant's assignments of error.
For the foregoing reasons, defendant's sentences are vacated and this matter is remanded for resentencing.