State v. Lewis, 69 So. 3d 604

Lewis was convicted by jury of possession of 75.5 grams of crack cocaine, a Schedule II CDS, with >28g but <200g, stemming from a June 16, 2009 police search.
Police obtained voluntary and written consent to search; drugs were found after a K-9 search triggered by initial scavenged indicators at the residence.
Lewis admitted, after Miranda warnings, that the cocaine was his; trial court found statements voluntary.
An habitual offender bill alleged Lewis as a third-felony offender, resulting in a mandatory life sentence without parole, probation, or suspension.
Defendant moved for new trial and post-verdict judgment; motions denied; sentence imposed per LSA-15:529.1.
On appeal, Lewis challenges sufficiency of evidence, right to counsel, bill of information amendments, admission of video evidence, and sentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence	Lewis failed to show knowing possession; relied on his statement.	Confession plus surrounding circumstances are insufficient to prove knowledge.	Sufficient evidence supported knowing possession; confession plus context admissible.
Right to counsel on the day of trial	Court denied private counsel; trial proceeded with appointed defense.	Denied right to preferred counsel on date of trial caused prejudice.	No reversible error; court did not abuse discretion denying continuance; appointment adequate.
Motion to quash and amendment of bill	Amendment corrected form; defendant had fair notice and identity of offense.	Bill charged different conduct; error of substance could not be amended after voir dire.	Amendment was formal defect; no prejudice; no reversible error.
Admission of video evidence	Late-provided video of suspect statements allowed under discovery and curative continuances.	Late disclosure prejudiced defense by curtailing viewing time.	No reversible error; sufficient time and opportunities provided; no demonstrated prejudice.
Excessive sentence and downward departure	Habitual offender statute mandates life sentence for third felony; presumption constitutional.	Needs rehabilitation; past crimes nonviolent; seeking downward departure.	No reversible error; sentence presumption constitutional; defendant failed to rebut.

Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency standard: rational trier could find elements beyond reasonable doubt)
State v. Gray, 639 So.2d 421 (La. App. 2d Cir. 1994) (reliance on direct and circumstantial evidence standards)
State v. Charleston, 764 So.2d 322 (La. App. 2d Cir. 2000) (application of sufficiency standard in mixed evidence cases)
State v. Lee, 888 So.2d 305 (La. App. 2d Cir. 2004) (amendments to indictments and form vs. substance defects)
State v. Johnson, 709 So.2d 672 (La. 1998) (presumption of constitutionality for habitual offender sentences)
State v. Leggett, 363 So.2d 434 (La. 1978) (right to counsel must be exercised reasonably; no right to delay on trial date)