APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 15-1411, DIVISION
"J" HONORABLE STEPHEN C. GREFER, JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D.
Connick, Jr., Terry M. Boudreaux, Thomas J. Butler, Thomas P.
Sanderson, Joshua K. Vanderhooft
COUNSEL FOR DEFENDANT/APPELLANT, COURTNEY ABLES Jane L. Beebe
DEFENDANT/APPELLANT, COURTNEY ABLES In Proper Person
composed of Robert M. Murphy, Stephen J. Windhorst, and Hans
AFIRMED; SENTENCE ON COUNT TWO AFFIRMED; ENHANCED SENTENCE ON
COUNT ONE VACATED; REMANDED WITH INSTRUCTIONS
M. MURPHY JUDGE
appeals his convictions and sentences following a
Crosby plea and multiple offender adjudication. For
the reasons that follow, defendant's convictions, and his
sentence for count two, are affirmed. Defendant's
enhanced sentence for his conviction of possession with
intent to distribute Acetyl Fentanyl is vacated, and we
remand for resentencing consistent with this opinion.
AND PROCEDURAL HISTORY
defendant's second appeal. In defendant's prior
appeal, we vacated the guilty plea, set aside defendant's
convictions and sentences, and remanded for further
proceedings. State v. Ables, 15-720 (La.App. 5 Cir.
02/24/16), 186 So.3d 1274. On remand, after defendant's
motions to suppress evidence and statement were denied,
defendant pled guilty pursuant to State v.
Crosby to one count of possession with
intent to distribute Acetyl Fentanyl, a violation of La. R.S.
40:966(A), and to one count of possession of a firearm by a
convicted felon, a violation of La. R.S. 14:95.1. On July 12,
2016, in accordance with the plea agreement, defendant was
sentenced to twenty years imprisonment in the Department of
Corrections on counts one and two, and the sentences were
ordered to run concurrently. On the same date, the State
filed a multiple offender bill of information as to count
one, alleging defendant to be a third felony offender.
Defendant stipulated to the multiple offender bill and the
trial court sentenced defendant under La. R.S. 15:529.1 to
twenty years imprisonment without benefit of probation or
suspension of sentence. The instant appeal follows.
his counseled and pro se assignments of error, defendant
argues that the trial court erred in applying the inevitable
discovery doctrine to deny his motions to suppress.
10, 2016, a hearing on defendant's motions to suppress
evidence and his statement was held. At the motion to
suppress hearing, Deputy Glenn Webber of the Jefferson Parish
Sheriff's Office testified that on March 8, 2015, at 1:30
a.m., he and Sergeant David Canas were dispatched to 4061
Indigo Court, Harvey, Louisiana, regarding a call concerning
the illegal discharge of a firearm and criminal damage to
property. Upon arrival, Deputy Webber spoke to Darren
Barrier, who explained that his wife had heard "a loud
popping noise" and that when walking through his home he
observed what he believed to be a bullet hole in his wall.
The officers confirmed the presence of the bullet hole in the
wall and retrieved a projectile from the floor of the master
bedroom. Based on the estimated trajectory of the bullet, the
officers looked at the residence next door at 4065 Indigo and
discovered a similar bullet hole on the exterior of the home.
Upon discovery of the bullet hole on the exterior of the
neighboring residence, Deputy Webber contacted his ranking
officer, Sergeant Robert Fox. When Sergeant Fox arrived on
the scene they attempted to speak to the residents at 4065
Indigo. After a prolonged period of time, the officers'
knocks were answered by the owners of the residence, Darrell
Painter and his wife, Lisa Painter. The Painters were advised
of the situation and indicated that they were unaware of a
firearm having been discharged in their home. Mr. Painter
then signed a consent to search "the residence for any
signs of aggravated criminal damage and illegal discharge of
a firearm." They further advised the officers that their
adult son, defendant, also lived at the residence but was not
present at the time.
a search of the residence, a bullet hole was observed in the
wall of defendant's bedroom, a bullet was found on the
bed, a spent bullet casing was found on a night stand, and a
concealed gun holster and an empty gun case were also
discovered. Despite the Painters' information to the
contrary, during the search of their home, defendant was
found in the dark master bathroom without pants or shoes.
Defendant was patted down for officer safety, and a set of
keys was removed from around his neck for safety reasons. He
was then detained and advised of his rights per
Miranda,  after ...