APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 15-1144, DIVISION
"M" HONORABLE HENRY G. SULLIVAN, JR., JUDGE
D. Connick, Jr., Terry M. Boudreaux COUNSEL FOR
PLAINTIFF/APPELLEE, STATE OF LOUISIANA
Prentice L. White COUNSEL FOR DEFENDANT/APPELLANT, DERRICK
Proper Person DEFENDANT/APPELLANT, DERRICK GUMMS
Susan M. Chehardy, Jude G. Gravois, and Robert A. Chaisson
M. CHEHARDY CHIEF JUDGE
appeal, defendant challenges his adjudication as a second
felony offender. For the following reasons, we affirm
defendant's underlying convictions and sentences as well
as defendant's multiple offender adjudication and
and Procedural History
defendant pled guilty, the facts were not fully developed at
a trial. However, during the guilty plea colloquy, the State
provided the following factual basis for the guilty pleas:
Derrick Gumms engaged in conduct that furthered the aims of
an Enterprise by engaging in a pattern of racketeering
activity and conspired with members of that Enterprise to
distribute controlled dangerous substances, including
cocaine, heroin, and marijuana.
This conduct, which occurred between 2006 and 2015, included
participating in the operation of a narcotics distribution
network on the West Bank of Jefferson Parish wherein a
violent street gang, named by its members the "Harvey
Hustlers, " obtained controlled dangerous substances
from associates and Enterprise members who transported the
drugs into the metropolitan New Orleans area.
The ranking members of the Harvey Hustlers then directed the
conversion of these drugs into a saleable form, such as
converting powder cocaine to crack cocaine, and provided the
drugs to rank and file Harvey Hustlers who sold the drug
product on the street for the profit of Enterprise members.
Members of the Enterprise who engaged in this activity on a
daily basis, other than when one or more of them were in
jail, included Mr. Gumms, multiple individuals named in the
indictment, and others not included in the indictment.
This activity included all of them working on the streets of
Scotsdale, in sight of each other, selling cocaine, heroin or
February 26, 2015, the Jefferson Parish grand jury indicted
Derrick Gumms, defendant herein, and twenty other
co-defendants on thirty criminal counts for various acts of
racketeering committed in furtherance of a narcotics
distribution network in Jefferson Parish, operated by a
street gang known as the "Harvey Hustlers."
Specifically, defendant was charged with three counts:
racketeering, in violation of La. R.S. 15:1352; conspiracy to
distribute cocaine, in violation of La. R.S. 40:979 and La.
R.S. 40:967(A); and conspiracy to distribute heroin and
marijuana, in violation of La. R.S. 40:979 and La. R.S.
40:966(A). At his arraignment on March 9, 2015, defendant
pled not guilty to the charged offenses.
January 28, 2016, defendant withdrew his prior pleas of not
guilty and pled guilty as charged. In accordance with the
plea agreement, the court sentenced defendant as follows: for
racketeering, twenty years imprisonment at hard labor; for
conspiracy to distribute cocaine, fifteen years imprisonment
at hard labor; and for conspiracy to distribute heroin,
twenty years imprisonment at hard labor without the benefit
of probation, ...