Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Reynard

Court of Appeals of Louisiana, Fifth Circuit

December 13, 2017

STATE OF LOUISIANA
v.
KERRY J. REYNARD

         ON 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 PRESIDING

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

          FOR DEFENDANT/APPELLANT, KERRY J. REYNARD Bruce G. Whittaker

          Panel composed of Judges Marc E. Johnson, Robert M. Murphy, and Stephen J. Windhorst

          MARC E. JOHNSON JUDGE

         Defendant/Appellant, Kerry J. Reynaud, appeals his convictions and sentences from the 24th Judicial District Court, Division "M". For the following reasons, we affirm Defendant's convictions and sentences and grant the motion to withdraw.

         FACTS AND PROCEDURAL HISTORY

         On February 26, 2015, Defendant and 20 other co-defendants were charged in a 30-count indictment for various acts of racketeering committed in furtherance of a narcotics distribution network on the Westbank of Jefferson Parish, operated by a street gang known by its members as the "Harvey Hustlers." Specifically, Defendant was charged with racketeering, in violation of La. R.S. 15:1352 (count one), conspiracy to distribute cocaine, in violation of La. R.S. 40:979 and La. R.S. 40:967(A) (count two), and conspiracy to distribute heroin and marijuana, in violation of La. R.S. 40:979 and La. R.S. 40:966(A) (count three). Defendant pleaded not guilty to the charged offenses at his arraignment on March 23, 2015. On August 21, 2015, Defendant filed a motion to suppress evidence and the following day, Defendant filed a motion to quash the indictment.[1]

         On February 16, 2016, Defendant withdrew his prior pleas of not guilty and pleaded guilty as charged. Because Defendant pleaded 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:

Kerry Reynard engaged in conduct to further the aims of an Enterprise by engaging in a pattern of racketeering activity and conspiring 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 Westbank 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. This activity included all of them working on the streets of Scottsdale, on the side of each other, selling cocaine, heroin or marijuana.
Members of the Harvey Hustlers frequently identified themselves openly through items of jewelry and clothing containing a "HH" logo, tattoos containing phrases identified with the gang, social media posts, and YouTube videos.
Enterprise members and their associates sold, exchanged and otherwise transferred quantities of controlled dangerous substances to street level end users in Jefferson Parish.

         In accordance with the plea agreement, the court sentenced Defendant on count one (racketeering) to 20 years imprisonment at hard labor; count two (conspiracy to distribute cocaine) to 15 years imprisonment at hard labor; and count three (conspiracy to distribute heroin)[2] to 20 years imprisonment at hard labor without the benefit of probation, parole, or suspension of sentence. The court ordered that all of Defendant's sentences be served concurrently.

         Also on February 16, 2016, the State filed a habitual offender bill of information on count two, alleging Defendant to be a second felony offender, to which Defendant stipulated. The trial court vacated Defendant's previous sentence on count two and resentenced Defendant as a second felony offender, pursuant to La. R.S. 15:529.1, to 20 years imprisonment at hard labor without the benefit of probation or suspension of sentence. On April 3, 2017, Defendant filed an application for ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.