FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 521-484,
SECTION "D" Honorable Jerome M. Winsberg, Judge Pro
Cannizzaro District Attorney Scott G. Vincent Assistant
District Attorney ORLEANS PARISH COUNSEL FOR APPELLEE
Watters LOUISIANA APPELLATE PROJECT COUNSEL FOR APPELLANT
composed of Judge Daniel L. Dysart, Judge Joy Cossich
Lobrano, Judge Tiffany G. Chase
J., concurs in the result.
COSSICH LOBRANO JUDGE
defendant, Anthony Young ("Defendant"), appeals
from jury verdicts that convicted him of possession of
hydrocodone, tramadol, and oxycodone. After reviewing the
record and applicable law, we affirm his convictions and
August 15, 2014, the State charged Defendant and co-defendant
Floyd Boudreaux in an eleven count bill of
information. The State charged Defendant with
aggravated assault on a peace officer with a motor vehicle
(count 5), a violation of La. R.S. 14:37.6(A) and aggravated
flight and failure to stop a motor vehicle that endangered
human life (count 6), a violation of La. R.S.
8, 9 and 10 charged Defendant and Boudreaux with possession
of hydrocodone and oxycodone in violation of La. R.S. 40:967
and tramadol without a prescription in violation of La. R.S.
40:1238.1 (now La. R.S. 40:1060.13).
11 charged Defendant with being a felon in possession of a
firearm in violation of La. R.S. 14:95.1.
trial commenced on June 28, 2016, and concluded on June 30,
2016, with the jury finding Defendant guilty on courts 5, 6,
8, 9 and 10. Defendant's post-trial motions for
new trial and post-verdict judgment of acquittal were denied.
15, 2016, Defendant was sentenced to five years on counts 5,
8, 9 and 10 and to two years on count 6, with the sentences
to run concurrently. The State filed a multiple bill of
information charging Defendant as a recidivist as to count 5
and, on September 30, 2016, the trial court adjudicated him a
third felony offender,  vacated his previous sentences, and
resentenced him to eight years.
review for errors patent on the face of the record reveals
one. In sentencing Defendant as a third offender, the
district court failed to stipulate that the sentence be
served without the benefit of probation or suspension of
sentence in accordance with La. R.S. 15:529.1(G). However,
La. R.S. 15:301.1(A) provides, in pertinent part: "[t]he
failure of a sentencing court to specifically state that all
or a portion of the sentence is to be served without benefit
of probation, parole, or suspension of sentence shall not in
any way affect the statutory requirement" that those
restrictions apply. Our jurisprudence recognizes that
"this paragraph self-activates the correction and
eliminates the need to remand for a ministerial correction of
an illegally lenient sentence which may result from the
failure of the sentencing court to impose punishment in
conformity with that provided in the statute." State
v. Williams, 00-1725, p. 10 (La. 11/28/01), 800 So.2d
790, 799; State v. Dowell, 16-0371, pp. 4-5 (La.App.
4 Cir. 8/10/16), 198 So.3d 243, 246.
16, 2014, New Orleans Police Department ("NOPD")
Detective Chad Cockerham, while in plain clothes and on foot,
was conducting undercover surveillance of narcotics and
weapons activity near the Desire Housing Development when he
observed Defendant seated in the driver's seat of a black
SUV in the area of Maurice Duncan and Treasure Streets. Det.
Cockerham recognized Defendant from past encounters and noted
that there was an active warrant for Defendant's arrest.