FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF
CALCASIEU, NO. 11442-15 HONORABLE G. MICHAEL CANADAY,
F. DeRosier District Attorney Fourteenth Judicial District
Court Karen C. McLellan Elizabeth B. Hollins Assistant
District Attorneys COUNSEL FOR APPELLEE: State of Louisiana
C. Marx Louisiana Appellate Project COUNSEL FOR
DEFENDANT/APPELLANT: Eric Joseph Breaux
composed of John D. Saunders, Phyllis M. Keaty, and John E.
D. SAUNDERS JUDGE.
Eric Joseph Breaux, was charged by indictment on April 23,
2015, with one count of possession with intent to distribute
marijuana, a violation of La.R.S. 40:966(A)(1); one count of
illegal carrying of a weapon while in the possession of
drugs, a violation of La.R.S. 14:95(E); and one count of
cultivation of marijuana, a violation of La.R.S.
40:966(A)(1). On May 29, 2015, Defendant entered a plea of
not guilty to all the charges. On March 29, 2016, the State
amended the indictment to charge one count of attempted
possession with intent to distribute marijuana, a violation
of La.R.S. 40:979 and La.R.S. 40:966(A)(1); and one count of
attempted cultivation of marijuana, a violation of La.R.S.
40:979 and La.R.S. 40:989.1. Defendant withdrew his plea of
not guilty and entered a plea of guilty to the amended
charges. Sentencing was deferred under La.Code Crim.P. art.
893, and Defendant was placed on supervised probation for
April 17, 2017, a probation violation hearing was held where
Defendant admitted to violating his probation; however, the
trial court refused to accept Defendant's admission
without a formal hearing. A formal probation violation
hearing was held on November 29, 2017, where the trial court
found that Defendant admitted to inappropriately touching a
minor child, in violation of the terms and conditions of his
probation. Defendant's probation was revoked, and the
trial court set a sentencing hearing for December 1, 2017. At
that sentencing hearing, Defendant was sentenced to serve
eight years with the department of corrections for attempted
possession of marijuana with intent to distribute and four
years with the department of corrections for attempted
cultivation of marijuana, to run concurrently.
filed a motion to reconsider sentence on January 5, 2018,
which was denied by the trial court on January 4, 2018. On
February 2, 2018, Defendant filed, and the trial court
granted, a Motion for Appeal of Sentences.
March 3, 2014, Combined Anti-Drug Task Force detectives were
alerted to illegal drug activity at 6670 Lloyd Arabie Road,
Lake Charles. The detectives made contact with Defendant and
informed him of the complaint, and, during this contact,
detectives smelled marijuana. Defendant then consented to a
search of the residence, and detectives found five marijuana
plants, 67.93 grams of marijuana, an assault rifle, a grinder
with marijuana residue, and other paraphernalia.
admitted he possessed the 67.93 grams of marijuana, possessed
the assault rifle found during the search, possessed the
paraphernalia found in the search, sold some marijuana about
a week prior, and told the detectives that he had been
growing the marijuana plants for about three months.
accordance with La.Code Crim.P. art. 920, all appeals are
reviewed by this court for errors patent on the face of the
record. After reviewing the record, we find that there are no
OF ERROR ...