State v. Richardson, 155 So. 3d 87

Richardson was charged on 4 November 2009 with possession of heroin and cocaine; he moved for preliminary hearing, bill of particulars, suppression, and discovery.
A suppression ruling was denied after a 5 February 2010 hearing; supervisory review of that ruling was denied on appeal.
Richardson was convicted by a twelve-person jury on 22 March 2011; post-verdict motions were denied and he was sentenced to four years on each count, concurrent, with credit for time served.
A multiple offender bill was filed on 28 February 2013, and hearing dates were repeatedly continued; Richardson did not appeal his conviction or sentence.
The state amended the bill to charge Richardson as a second offender, Richardson admitted his status, and the trial court vacated the prior sentence and resentenced him to nine years as a second offender.
Errors patent noted that due to timing, sentence timing complied with law and the delay was harmless because adjudication occurred after sentencing as a multiple offender.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court properly denied the motion to quash the multiple offender bill	Richardson argues delay in adjudication violated Muhammad and due process	State argues delay was reasonable; Richardson contributed to delays; no prejudice	No abuse; Richardson contributed to delays; no prejudice; hearing timely filed and adjudicated.
Whether the plea to second offender status validly waived appellate review of the motion to quash	Plea form/colloquy failed to notify waiver of review rights	Plea form stated rights were explained and Richardson understood consequences; no Crosby-type waiver required	Waiver valid; plea admitted second offender status and waived review of motion to quash.

State v. Muhammad, 875 So.2d 45 (La. 2004) (timing of habitual offender filing must be reasonable after state learns defendant is offender)
State v. Buckley, 88 So.3d 482 (La.App. 4 Cir. 2011) (four-year delay not prejudicial; continuances by court/state not reversible)
State v. Burton, 88 So.3d ?? (La.App. 4 Cir. 201特) (adjudication timing and Katrina-related delays discussed; no abuse where not prejudicial)
State v. Simmons, 126 So.3d 692 (La.App. 4 Cir. 2013) (prejudice assessment where delays largely attributable to state/defendant)
State v. Zachary, 995 So.2d 631 (La. 2008) (long delays may be reasonable depending on circumstances)
State v. Broussard, 416 So.2d 109 (La. 1982) (13-month delay in filing habitual offender information unreasonable)
State v. McQueen, 308 So.2d 752 (La.1975) (McQueen governs timing of habitual offender proceedings)
State ex rel. Williams v. Henderson, 289 So.2d 74 (La.1974) (bright line rule overridden by Muhammad)
State v. Hall, 127 So.3d 30 (La.App. 4 Cir. 2013) (standard of review for motions to quash with mixed questions of fact and law)