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State v. Lewis

Court of Appeal of Louisiana, Fifth Circuit

March 25, 2015

STATE OF LOUISIANA
v.
ARTHUR C. LEWIS

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA. NO. 12-2505, DIVISION " K" . HONORABLE ELLEN SHIRER KOVACH, JUDGE PRESIDING.

PAUL D. CONNICK, JR., DISTRICT ATTORNEY, Twenty-Fourth Judicial District, TERRY M. BOUDREAUX, ANDREA F. LONG, ASSISTANT DISTRICT ATTORNEYS, Gretna, Louisiana, COUNSEL FOR PLAINTIFF/APPELLEE.

JANE L. BEEBE, ATTORNEY AT LAW, Louisiana Appellate Project, New Orleans, Louisiana, COUNSEL FOR DEFENDANT/APPELLANT.

Panel composed of Judges Fredericka Homberg Wicker, Jude G. Gravois, and Robert M. Murphy.

OPINION

Page 686

[14-895 La.App. 5 Cir. 2] JUDE G. GRAVOIS, J.

Defendant, Arthur C. Lewis, appeals his habitual offender adjudication and sentence. For the reasons that follow, we vacate defendant's habitual offender adjudication and sentence, reinstate the sentence originally imposed on defendant, and remand the matter to the trial court for further proceedings.

PROCEDURAL HISTORY

The procedural history of this case is set forth in this Court's opinion in defendant's first appeal, State v. Lewis, 12-902 (La.App. 5 Cir. 6/27/13), 121 So.3d 128, 132-133, writ denied, 13-1926 (La. 4/17/14), 138 So.3d 618, to-wit:

On May 11, 2012, the Jefferson Parish District Attorney filed a bill of information charging defendant with possession of cocaine in violation of LSA-R.S. 40:967C. Defendant was arraigned on June 14, 2012, and pled not guilty. On August 20, 2012, his motion to suppress evidence was denied. Also on that date, defendant proceeded to trial, and a six-person

Page 687

jury found him guilty as charged. On August 24, 2012, defendant was sentenced to five years imprisonment at hard labor. Also on that date, defendant filed a timely motion for appeal that was granted.[1]
[14-895 La.App. 5 Cir. 3] Immediately after sentencing, the State filed a multiple offender bill of information in open court alleging that defendant was a second felony offender, and defendant denied those allegations. On October 25, 2012, defendant stipulated that he was a second felony offender. The trial judge then sentenced him under the multiple bill statute to eight ...

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