APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 15-461, DIVISION
"L" HONORABLE DONALD A. ROWAN, JR., JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D.
Connick, Jr. Terry M. Boudreaux Thomas J. Butler Andrew
COUNSEL FOR DEFENDANT/APPELLANT, KEITHEN D. NELSON Bruce G.
composed of Judges Jude G. Gravois, Robert A. Chaisson, and
Marion F. Edwards, Judge Pro Tempore
G. GRAVOIS JUDGE
Keithen D. Nelson, appeals his conviction of possession of
cocaine, in violation of La. R.S. 40:967(C). For the reasons
that follow, we affirm defendant's conviction and
sentence, but remand the matter for correction of the
commitment in accordance with this opinion.
January 28, 2015, the Jefferson Parish District Attorney
filed a bill of information charging defendant, Keithen D.
Nelson, with possession of cocaine, in violation of La. R.S.
40:967(C). On March 4, 2015, defendant pled not
guilty at his arraignment. On March 5 and 26, 2015, defendant
filed omnibus motions, including motions to suppress
statements, evidence, and identification. On June 22, 2017,
the trial court heard and denied only defendant's motion
to suppress evidence.
August 14, 2017, defendant withdrew his plea of not guilty
and pled guilty as charged to possession of
cocaine. In accordance with the plea agreement,
defendant was sentenced to two years imprisonment at hard
labor; his sentence was ordered to be served concurrently
with his sentences in district court case numbers 15-570 and
one month later, on September 12, 2017, defendant filed a
"Motion for Reconsideration of Sentence" under La.
C.Cr.P. art. 881.1, advising the trial court that he had
intended to enter his plea under State v. Crosby,
338 So.2d 584 (La. 1976). On September 15, 2017, following a
hearing, the trial court advised defense counsel that it
would grant the motion for reconsideration of sentence. On
September 16, 2017, defendant filed a "Motion and Order
for Appeal Pursuant to State vs. Crosby, "
noting his right to appeal the denial of the motions to
suppress evidence, statement, and
identification. On September 18, 2017, the trial court
issued an "Order Amending Commitment and Sentence,
" wherein it granted defendant's motion for
reconsideration of sentence and ordered that the sentence and
commitment be amended solely to reflect that defendant's
right to timely appeal under Crosby be
"reserved unto him commencing on the date of this
order." Also, on September 18, 2017, defendant's
motion for appeal pursuant to Crosby was granted.
Defendant's appeal followed.
defendant pled guilty, the facts were not fully developed at
trial. However, the bill of information alleged that on or
about January 9, 2015, defendant violated La. R.S. 40:967(C)
by knowingly or intentionally possessing cocaine in Jefferson
seeks this Court's review of the denial of his motion to
suppress pursuant to State v. Crosby, supra. The
State argues in response that the present appeal is untimely
and defendant's assigned error is procedurally barred
C.Cr.P. art. 881.1(A)(1) provides, in pertinent part:
"In felony cases, within thirty days following the
imposition of sentence ... the defendant may
make or file a motion to reconsider sentence." La.
C.Cr.P. art. 914(B)(2) provides that a motion for appeal must
be made no later than thirty days from a ruling on a motion
to reconsider sentence. On the other hand, when a motion to
reconsider is not filed, La. C.Cr.P. art. 914(B)(1) provides
that the motion for appeal must be made no later than thirty
days after the rendition of the judgment or ruling from which
an appeal is taken.
defendant was sentenced on August 14, 2017. He filed a motion
for reconsideration of sentence on September 12, 2017, which
was within thirty days of the imposition of his sentence.
Defendant's motion and order for appeal pursuant to
Crosby was filed on September 16, 2017. After
defendant's motion to reconsider was ...