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State v. Beason

Court of Appeals of Louisiana, Fifth Circuit

November 15, 2017

STATE OF LOUISIANA
v.
JOHNNY BEASON

         ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 15-1984, DIVISION "I" HONORABLE NANCY A. MILLER, JUDGE PRESIDING

          Paul D. Connick, Jr., Terry M. Boudreaux COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA

          Jane L. Beebe COUNSEL FOR DEFENDANT/APPELLANT, JOHNNY BEASON

          Judges Jude G. Gravois, Robert A. Chaisson, and Stephen J. Windhorst

          JUDE G. GRAVOIS JUDGE

         Defendant/appellant, Johnny Beason, filed this appeal regarding his resentencings on remand from this Court. His appointed appellate counsel has filed a brief in accordance with the procedures adopted by this Court in State v. Bradford, 95-929 (La.App. 5 Cir. 6/25/96), 676 So.2d 1108, 1110-11, [1] and a motion to withdraw as attorney of record for defendant. After thorough review, we affirm defendant's resentencings and grant appointed appellate counsel's motion to withdraw as attorney of record for defendant. We further remand the matter to the district court for correction of the commitments and Uniform Commitment Orders as described below.

         PROCEDURAL HISTORY

         This is defendant's second appeal.

         Defendant was charged with and convicted of two counts of distribution of cocaine within 2, 000 feet of a drug free zone, namely, Jesse Owens Playground, violations of La. R.S. 40:981.3. The trial court sentenced defendant to forty-five years imprisonment at hard labor on each count, with the first two years of the sentences to be served without the benefit of probation, parole, or suspension of sentence, with the sentences to run concurrently with each other. On March 17, 2016, defendant was adjudicated as a second felony offender, whereupon the trial court vacated his sentence on count one and imposed an enhanced sentence of sixty years imprisonment at hard labor without the benefit of probation or suspension of sentence, to be served concurrently with his sentence on count two.[2]

         In defendant's first appeal, this Court found that the evidence was insufficient to support his convictions under La. R.S. 40:981.3; however, it found that the evidence was nonetheless sufficient to convince a rational trier of fact beyond a reasonable doubt that defendant was guilty of the lesser included responsive offense of distribution of cocaine under La. R.S. 40:967(A)(1). Accordingly, this Court vacated defendant's convictions of distribution of cocaine within two thousand feet of a drug free zone under La. R.S. 40:981.3 and rendered a judgment of conviction on two counts of the lesser included responsive offense of distribution of cocaine under La. R.S. 40:967(A)(1). This Court affirmed defendant's adjudication as a second felony offender, vacated defendant's habitual offender sentence on count one and his original sentence on count two, and remanded this case to the district court for resentencing.[3]

         On January 19, 2017, pursuant to this Court's opinion, the trial court resentenced defendant to thirty years imprisonment at hard labor on each count, with the first two years of the sentences to be served without the benefit of probation, parole, or suspension of sentence, and ordered that these sentences run concurrently with each other. Subsequently, on January 23, 2017, the trial court resentenced defendant under La. R.S. 15:529.1. The trial court vacated defendant's sentence on count one and imposed an enhanced sentence of forty-five years imprisonment at hard labor, to run concurrently with his sentence on count two.

         On January 24, 2017, defendant filed a motion for reconsideration of sentence and a motion for appeal, and the motion for appeal was granted. On April 6, 2017, the trial court found that it was without jurisdiction to rule on the motion to reconsider as it had already granted an appeal in this case. On May 18, 2017, this Court ordered that the trial court rule on defendant's motion to reconsider sentence. Thereafter, on May 22, 2017, the trial court denied defendant's motion to reconsider sentence. This appeal followed.

         FACTS

         The underlying facts of the case are not relevant to defendant's second appeal. Nevertheless, a full narrative can be found in this Court's previous opinion regarding defendant's first appeal. See State v. Beason, supra.

         ANDERS ...


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