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State v. White

Court of Appeal of Louisiana, Fifth Circuit

December 23, 2014

STATE OF LOUISIANA
v.
DWAYNE WHITE

As Corrected August 7, 2015.

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA. NO. 13-3689, DIVISION " I" . HONORABLE NANCY A. MILLER, JUDGE PRESIDING.

PAUL D. CONNICK, JR., DISTRICT ATTORNEY, Twenty-Fourth Judicial District, Parish of Jefferson, TERRY M. BOUDREAUX, GAIL D. SCHLOSSER, BLAIR C. CONSTANT, JEFFREY HUFFT, ASSISTANT DISTRICT ATTORNEYS, Gretna, Louisiana, COUNSEL FOR APPELLEE, THE STATE OF LOUISIANA.

MARGARET S. SOLLARS, ATTORNEY AT LAW, Louisiana Appellate Project, Thibodaux, Louisiana, COUNSEL FOR APPELLANT, DWAYNE WHITE.

Panel composed of Judges Susan M. Chehardy, Robert M. Murphy, and Stephen J. Windhorst.

OPINION

SUSAN M. CHEHARDY, J.

Page 665

[14-631 La.App. 5 Cir. 2] On appeal, defendant challenges his conviction and sentence for possession with intent to distribute cocaine. For the following reasons, we affirm his conviction and sentence.

Procedural history

On May 16, 2013, the Jefferson Parish District Attorney's Office filed a bill of information charging defendant, Dwayne White, with possession with intent to distribute cocaine, in violation of La. R.S. 40:967(A). After a one-day trial, which commenced on January 15, 2014, a twelve-person jury unanimously found defendant guilty as charged. On January 27, 2014, the trial judge sentenced defendant to imprisonment at hard labor for fifteen years, with the first two years to be served without benefit of parole, probation, or suspension of sentence.[1]

On March 27, 2014, the Jefferson Parish District Attorney's Office filed a multiple offender bill of information, alleging defendant to be a second felony [14-631 La.App. 5 Cir. 3] offender under La. R.S. 15:529.1.[2] On May 1, 2014, the trial court began the hearing on the multiple offender bill of information, which was held over until May 2, 2014.

On May 2, 2014, the trial judge found that the State had proven that defendant was a second felony offender, vacated defendant's original sentence, and imposed the enhanced sentence of twenty-five years at hard labor, without benefit of probation or suspension of sentence. Defendant's timely motion for appeal was granted.

Facts

On May 6, 2013, Detective Robert Wimberly and Detective Sal Mangano of the Narcotics Division of the Kenner Police Department were " working the area at Williams and Veterans" because there were numerous citizen complaints of narcotics trafficking and prostitution in that area. As part of their routine patrol, they were parked ...


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