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State v. Williams

Court of Appeals of Louisiana, Fifth Circuit

June 29, 2017

STATE OF LOUISIANA
v.
FARRELL W. WILLIAMS, JR.

         ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 15-4263, DIVISION "N" HONORABLE STEPHEN D. ENRIGHT, JR., JUDGE PRESIDING

          COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA, Paul D. Connick, Jr., Terry M. Boudreaux, Gail D. Schlosser, Seth W. Shute.

          COUNSEL FOR DEFENDANT/APPELLANT, FARRELL W. WILLIAMS, JR., Lieu T. Vo Clark

          Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and Jude G. Gravois

         CONVICTION AND SENTENCE AFFIRMED

         SMC

         JGG

         WICKER, J., CONCURS WITH REASONS

         FHW

          SUSAN M. CHEHARDY CHIEF JUDGE

         Defendant, Farrell W. Williams, Jr., appeals his sentence as a second felony offender. For the reasons that follow, we affirm defendant's conviction and sentence.

         STATEMENT OF THE CASE

         On July 31, 2015, the Jefferson Parish District Attorney filed a bill of information charging defendant with possession of heroin, a violation of La. R.S. 40:966(C). A twelve-person jury found defendant guilty as charged on May 3, 2016. He was sentenced to ten years imprisonment at hard labor on May 26, 2016, after which he filed a motion to reconsider sentence and a motion for appeal. On June 3, 2016, the district court denied the former and granted the latter.

         Thereafter, on July 21, 2016, the state filed a multiple offender bill of information alleging defendant to be second felony offender. At the hearing on the bill, the court adjudicated defendant a second felony offender, vacated his original sentence, and imposed an enhanced sentence of twenty years imprisonment at hard labor without the benefit of probation or suspension of sentence. Defendant filed a motion to reconsider his enhanced sentence and a motion for appeal. On July 27, 2016, the district court denied the motion to reconsider and granted defendant's appeal.

         FACTS

         Around 10:30 p.m. on the night of June 26, 2015, Detectives William Whittington and John Wiebelt of the Jefferson Parish Sheriff's Office ("JPSO") were conducting undercover surveillance as part of a narcotics investigation in and around the intersection of South Jamie Boulevard and U.S. Highway 90 in Avondale, Louisiana. From their separate unmarked vehicles, both detectives observed a Ford Ranger pickup truck enter a McDonald's parking lot without "too many cars" and park at a distance from the restaurant's entrance. This aroused the detectives' suspicions since a patron of the restaurant would typically ...


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