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State v. Stock

Court of Appeals of Louisiana, Fifth Circuit

December 13, 2017

STATE OF LOUISIANA
v.
SEAN E. STOCK

         ON 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. CONNICK, JR.

          TERRY M. BOUDREAUX COUNSEL FOR DEFENDANT/APPELLANT, SEAN E. STOCK PRENTICE L. WHITE

          Panel composed of Judges Susan M. Chehardy, Marc E. Johnson, and Hans J. Liljeberg

          HANS J. LILJEBERG, JUDGE

         Defendant 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 record.

         PROCEDURAL HISTORY

         This is defendant's second appeal.

         Defendant, 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.

         Thereafter, 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 appealed.

         In that 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.

         On 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. Defendant appeals.

         FACTS

         The 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 ...


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