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State v. Lewis

Court of Appeals of Louisiana, Second Circuit

January 31, 2018

STATE OF LOUISIANA Appellee
v.
JEREMY LEWIS Appellant

         Appealed from the First Judicial District Court for the Parish of Caddo, Louisiana Trial Court No. 335637 Honorable Ramona L. Emanuel, Judge

          LOUISIANA APPELLANT PROJECT By: Douglas Lee Harville Counsel for Appellant

          JAMES E. STEWART, SR. District Attorney Counsel for Appellee

          TOMMY JAN JOHNSON WILLIAM C. GASKINS Assistant District Attorneys

          Before BROWN, STONE and BLEICH (Ad Hoc), JJ.

          BROWN, C. J., concurs in the results.

          BLEICH, J. (Ad Hoc), concurs in the results.

          STONE, J.

         A jury convicted Jeremy Lewis of attempted monetary instrument abuse in violation of La. R.S. 14:27 and 14:72.2 and attempted possession with intent to distribute synthetic cannabinoids in violation of La. R.S. 14:27 and 40:966(A)(1). He was adjudicated a second-felony habitual offender and sentenced to 7½ years at hard labor for each conviction. The trial court ordered the sentences to run concurrently and without benefit of probation or suspension of sentence. Additionally, Lewis was ordered to pay a $2, 000 fine for each conviction. For the following reasons, Lewis' convictions are affirmed and his sentences are amended to omit the fines. As amended, his sentences are affirmed.

         FACTS

         On September 30, 2015, police officers executed a warrant for the arrest of Jeremy Lewis ("Lewis") regarding a parole violation at 2010 Hawkins Street in Shreveport, Louisiana. Lewis' grandmother directed the officers to a bedroom where Lewis was sleeping. On the nightstand next to the bed, the officers observed synthetic marijuana in a bowl. The search of Lewis' bedroom yielded additional synthetic marijuana in 38 individually sealed bags, $400 in counterfeit money, $96 in real money, and a ledger containing the names of 17 people who allegedly owed Lewis various amounts of money.

         Lewis was charged with monetary instrument abuse and possession with intent to distribute synthetic cannabinoids. On November 17, 2016, a jury found Lewis guilty of the responsive verdicts of attempted monetary instrument abuse and attempted possession with intent to distribute synthetic cannabinoids. The trial court denied Lewis' motions for a new trial and a post-verdict judgment of acquittal.

         Thereafter, the state filed a habitual offender bill of information using Lewis' 2005 conviction for armed robbery. On January 30, 2017, Lewis was adjudicated a second-felony habitual offender and later sentenced to 7½ years at hard labor for each conviction. The trial court ordered the sentences to run concurrently and without benefit of probation or suspension of sentence. Additionally, Lewis was ordered to pay a $2, 000 fine for each conviction.

         On February 22, 2017, Lewis' trial counsel filed a motion for appeal which was later granted. Thereafter, on March 1, 2017, Lewis filed a pro se motion to reconsider sentence, arguing that he was improperly adjudicated a second-felony habitual offender. It does not appear from the record that the trial court ruled on the pro se motion. On appeal, Lewis argues his ...


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