APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 15-4508, DIVISION
"K" HONORABLE ELLEN SHIRER KOVACH, JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA PAUL D.
M. BOUDREAUX COUNSEL FOR DEFENDANT/APPELLANT, SEAN E. STOCK
PRENTICE L. WHITE
composed of Judges Susan M. Chehardy, Marc E. Johnson, and
Hans J. Liljeberg
J. LILJEBERG, JUDGE
appeals his habitual offender adjudication and his sentences.
For the following reasons, we affirm. We also remand for
correction of the uniform commitment order, and we grant
appellate counsel's motion to withdraw as attorney of
defendant's second appeal.
Sean E. Stock, was charged and convicted of simple burglary
of an inhabited dwelling in violation of La. R.S. 14:62.2
(count one) and receiving stolen things having a value of
over $1, 500.00 in violation of La. R.S. 14:69 (count two).
The trial court sentenced defendant to ten years imprisonment
at hard labor on each count to be served concurrently.
Defendant filed a motion to reconsider his sentences.
the State filed a habitual offender bill of information
alleging defendant to be a second felony offender. After a
habitual offender hearing, the trial court adjudicated
defendant as a second felony offender. It vacated
defendant's original sentence on count one and
resentenced him under the habitual offender statute to ten
years imprisonment at hard labor, to be served without the
benefit of probation or suspension of sentence. Defendant
appeal, this Court found that defendant's motion to
reconsider his original sentences remained pending and
remanded the matter for the trial court to consider the
motion. State v. Stock, 16-552 (La.App. 5 Cir.
2/22/17), 212 So.3d 1268, 1280. Furthermore, it found that
the trial court erred in finding defendant to be a second
felony offender since the State did not provide sufficient
evidence to meet its burden of proving that defendant's
predicate conviction fell within the ten-year "cleansing
period" prescribed by La. R.S. 15:529.1(C). Id.
at 1281. Thus, it vacated defendant's adjudication and
enhanced sentence as a second felony offender, reinstated
defendant's original sentence on count one, and remanded
the matter for further proceedings as warranted.
Stock, 212 So.3d at 1281-1282.
remand, the trial court held a habitual offender hearing on
April 21, 2017. At the start of the hearing, the trial court
considered defendant's outstanding motion to reconsider
his original sentences, as directed by this Court's
opinion, and denied the motion. Also, after the State
presented evidence, the trial court found defendant to be a
second felony offender, vacated his original sentence on
count one, and sentenced defendant as a habitual offender to
ten years at hard labor without benefit of probation or
suspension of sentence. It also denied defendant's oral
motion to reconsider his habitual offender sentence.
underlying facts of the case are not relevant to
defendant's second appeal. Nevertheless, the full
narrative can be found in this Court's opinion regarding