114 So. 3d 1274
La. Ct. App.2013Background
- Patrick Chaplain charged with possession of cocaine under La. R.S. 40:967(C)(2).
- Defendant filed pretrial motions, including two motions to suppress; court denied; probable cause found.
- First trial ended in hung jury; second trial resulted in a guilty verdict.
- Original sentence: 3 years at DOC with time served credit and $35 court costs; later adjudicated as a third felony offender.
- Habitual offender proceeding vacated prior sentence; five years at hard labor with $35 costs and no benefits; error patent noted; sentence amended to allow parole.
- Facts of record: officers observed Chaplain late at night, approached due to public intoxication concerns; he became combative, hand in pockets; a packet of cocaine dropped during restraint; arrested for possession, public intoxication, and resisting arrest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the suppression denial correct? | Chaplain contends officers lacked reasonable suspicion/probable cause. | Chaplain asserts Fourth Amendment violation due to illegal stop/arrest. | Denial affirmed; stop/safety frisk and arrest supported by reasonable suspicion and probable cause. |
| Was Chaplain properly adjudicated a triple offender? | State must prove prior guilty pleas knowingly and voluntarily with proper Boykin/records. | Challenge to the validity of prior pleas; insufficient/undated records undermine proof. | Adjudication affirmed; State proved prior valid felony convictions; issues with certain records did not defeat the proof. |
| Is the five-year habitual-offender sentence excessive? | Sentence within statutory range; reduced likelihood of recidivism; not excessive. | Sentence is excessive given age, minor drug amount, non-violent history, and lack of danger to public. | Sentence affirmed as within range and not disproportionate; error patent addressed; amended to allow parole. |
Key Cases Cited
- State v. Oliver, 752 So.2d 911 (La.App. 4 Cir. 1999) (discretion in ruling on suppress-motions; factual findings reviewed clearly erroneous)
- State v. Pham, 839 So.2d 214 (La.App. 4 Cir. 2003) (de novo review of Fourth Amendment reasonableness)
- State v. Belton, 441 So.2d 1195 (La. 1983) ( Terry stop for reasonable suspicion)
- State v. Kelly, 946 So.2d 222 (La.App. 4 Cir. 2006) (removal of hands from pockets for officer safety; justified search incident to arrest)
- State v. Williams, 62 So.3d 244 (La.App. 4 Cir. 2011) (probable cause for arrest in public intoxication context; good faith review)
- State v. Parker, 931 So.2d 353 (La. 2006) (search incident to arrest doctrine)
- State v. Robertson, 840 So.2d 631 (La.App. 4 Cir. 2003) (scope of search incident to arrest; weapon/evidence search)
- State v. Smith, 649 So.2d 1078 (La.App. 4 Cir. 1995) (excessiveness review; discretion in sentencing)
- State v. Henry, 709 So.2d 322 (La.App. 4 Cir. 1998) (methods proving same defendant’s prior conviction)
- State v. Wolfe, 761 So.2d 596 (La.App. 4 Cir. 2000) (evidence of same defendant’s prior felonies)
- State v. Francois, 884 So.2d 658 (La.App. 4 Cir. 2004) (burden-shifting framework for habitual-offender proof)
- State v. Shelton, 621 So.2d 769 (La.1993) (framework for habitual offender proof)
- State v. Landfair, 70 So.3d 1061 (La.App. 4 Cir. 2011) (departure from habitual sentencing framework; exceptional circumstances burden)
- State v. Colvin, 85 So.3d 663 (La. 2012) (abuse-of-discretion standard for within-range sentences)