120 So. 3d 309
La. Ct. App.2013Background
- Fields, a felon, was convicted of being a convicted felon in possession of a firearm under La. R.S. 14:95.1 after probation officers found a gun in his bedroom during a residence check.
- The gun was located between the mattress and box spring; the magazine contained thirteen rounds and the weapon was identified as belonging to Fields.
- Probation officers conducted a warrantless walk-through to verify Fields’ residence; he admitted knowledge of the weapon’s presence.
- Fields challenged the sufficiency of the evidence, the legality of the search, counsel’s absence at a motion-for-new-trial hearing, and the use of his prior convictions for habitual-offender sentencing.
- The court rejected a Sixth Amendment unanimity challenge and affirmed the conviction and sentence, including the habitual-offender computation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to prove possession | Fields—insufficient proof of possession | Fields—constructive possession not proven | Sufficient evidence under Jackson v. Virginia |
| Fourth Amendment suppression of the firearm | Gun seized during residence check violated rights | Probation search allowed; plain view | No Fourth Amendment violation; plain-view seizure lawful |
| Motion-for-new-trial hearing and counsel absence | Hearing required counsel; potential prejudice | Absence not prejudicial; no critical stage | No reversible error; no prejudice or ineffective assistance |
| Habitual offender sentencing and predicate convictions | All prior felonies may be used; cleansing period relevant | Only 1998 auto theft predicate valid; others double-counted | Only 1998 conviction valid for enhancement; sentence affirmed as modified by law |
| Unanimity requirement under Sixth Amendment | Unanimous verdict required | La. Const. art. I, § 17 and La.C.Cr.P. art. 782 valid | Unanimity requirement rejected; affirmed per Bertrand |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency review standard)
- State v. Bertrand, 6 So.3d 738 (La. Supreme Court 2009) (unanimity challenge to non-unanimous juries rejected)
- United States v. LeBlanc, 490 F.3d 361 (5th Cir. 2007) (walk-through probation search; plain-view seizure)
- Minnesota v. Dickerson, 508 U.S. 366 (U.S. Supreme Court 1993) (plain-view seizure doctrine)
- State v. Malone, 403 So.2d 1234 (La. 1981) (probation search reduced expectation of privacy)