State v. Clements, 112 So. 3d 306

Tre Clements was convicted of possession of a firearm by a convicted felon under La. R.S. 14:95.1 after a 2011 jury trial in New Orleans.
Police executed a 2011 search-warrant at 1632 Mandeville Street; two firearms were found in a toilet tank in the bathroom.
Clements was the sole occupant of the bathroom and left the area after the firearms were discovered.
Witnesses testified the firearms were in plain view in the toilet tank and photographed; Clements was identified in court.
A later resentencing as a multiple offender occurred in 2012, after a prior sentence was vacated; the court affirmed the conviction and adjusted the sentence; no further patent errors were found.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there sufficient evidence of possession of the firearm?	State contends evidence showed Clements had constructive possession.	Clements argues no proof he lived there or possessed the guns; could be innocent presence.	Yes; evidence supports constructive possession beyond reasonable doubt.
Whether resentencing as a multiple offender was properly reflected and final?	State argues proper vacatur and resentence occurred; no remand necessary.	Clements seeks remand to ensure original sentence was set aside.	Remand not required; original sentence was vacated and resentencing valid.
Whether any patent sentencing errors occurred?	N/A	N/A	No other patent errors; sentence affirmed.

State v. Major, 1 So.3d 715 (La.App. 4 Cir. 2008) (defines 14:95.1 elements and constructive possession)
State v. Day, 410 So.2d 741 (La.1982) (possession may be actual or constructive)
State v. Johnson, 870 So.2d 995 (La.2004) (constructive possession requires dominion and awareness)
State v. Ussin, 10 So.3d 848 (La.App. 4 Cir. 2009) (outlines elements of 14:95.1 and general intent)
State v. Phillips, 853 So.2d 675 (La.App. 4 Cir. 2003) (sentencing considerations in absence of explicit probation/suspension language)