State v. Napolean, 87 So. 3d 127

Defendant Terrance Napolean was charged in Jefferson Parish with possession of MDMA (count one), possession with intent to distribute cocaine (count two), and possession of marijuana, second offense (count three).
The State amended the bill on October 7, 2009 to add intent-to-distribute MDMA (count one) and intent-to-distribute marijuana (count three); defendant pled not guilty.
Defendant was initially found incompetent to stand trial in 2008 but later deemed competent; trial occurred on October 20, 2009 before a twelve-person jury, resulting in guilty verdicts on all counts.
On December 2, 2009, sentences were seven years (counts one and two) and five years (count three) to run concurrently; later a separate proceeding adjudicated him a third felony offender, vacating the original sentence on count two and imposing 25 years at hard labor.
This appeal challenges sentencing and evidentiary rulings; the court remands for resentencing on count one while otherwise affirming convictions and sentences.
The record shows issues with illegal leniency in sentencing and failure to impose fines, plus notice concerns for post-conviction relief, which the court addresses on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admonition of jury re improper testimony	Napolean argues the jury should have been admonished to disregard expert’s ultimate-issue testimony.	Napolean contends the trial court erred by not giving an admonition after improper testimony.	No reversible error; instructions before deliberations were sufficient to offset any influence.
Admissibility of other crimes evidence (res gestae)	State contends the outstanding warrant evidence was integral to the narrative.	Napolean claims the evidence was prejudicial and not admissible beyond arrest justification.	Admissible as integral act/res gestae; did not abuse discretion.
Illegal leniency and fines in sentencing	State contends sentences complied with law and that any omissions were non-prejudicial.	Napolean argues trial court failed to impose mandatory fines and restrictions of benefits.	Remanded for resenting count one to impose correct §40:966(B)(2) restrictions; fines on counts one and three not corrected by court.
Notice of post-conviction relief period	State contends defendant properly advised or not required to be advised on timing.	Napolean asserts improper advisement on prescriptive period for post-conviction relief.	Court advises no further post-conviction relief filed after two years post-final judgment; remand limited to resentencing on count one.

State v. Mayeaux, 570 So.2d 185 (La.App. 5 Cir. 1990) (admonition not required when not requested at trial)
State v. Johnson, 52 So.3d 127 (La.App. 5 Cir. 2010) (trial courtInstructions sufficed to counteract improper testimony)
State v. Colomb, 747 So.2d 1074 (La. 1999) (narrative completeness; res gestae admissibility to complete story)
State v. Huizar, 414 So.2d 741 (La.1982) (res gestae includes statements and acts surrounding crime)
State v. Kimble, 407 So.2d 693 (La.1981) (res gestae doctrine applied to causal narrative)
State v. Anderson, 38 So.3d 953 (La.App. 5 Cir. 2010) (integral act/res gestae framework)