State of Louisiana v. Cedric Daniels

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

15-147

STATE OF LOUISIANA

VERSUS

CEDRIC DANIELS

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APPEAL FROM THE
THIRTIETH JUDICIAL DISTRICT COURT
PARISH OF VERNON, NO. 85591
HONORABLE VERNON B. CLARK, DISTRICT JUDGE

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DAVID KENT SAVOIE
JUDGE

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Court composed of Jimmie C. Peters, John E. Conery, and David Kent Savoie,
Judges.

AFFIRMED AND REMANDED WITH INSTRUCTIONS.

PETERS, J., concurs in part, and dissents in part, and assigns written reasons.

Hon. Asa Allen Skinner
District Attorney, Thirtieth District Court
Terry W. Lambright
First Assistant District Attorney
P. O. Box 1188
Leesville, LA 71496-1188
(337) 239-2008
COUNSEL FOR APPELLEE:
State of Louisiana

Edward K. Bauman
Louisiana Appellate Project
P. O. Box 1641
Lake Charles, LA 70602-1641
(337) 491-0570
COUNSEL FOR DEFENDANT/APPELLANT:
Cedric Daniels

SAVOIE, Judge.

On November 5, 2013, Defendant Cedrick Daniels was charged by bill of

information with possession of marijuana, in violation of La.R.S. 40:966(A)(1);

and possession of marijuana, second offense, in violation of La.R.S. 40:966(C) &

(E).

On August 28, 2014, Defendant pled guilty to possession of marijuana,

second offense in connection with the instant matter. On that same date, he also

pled guilty to possession of marijuana and possession of Oxycodone in connection

with a separate matter bearing trial court docket number 85,718. In exchange for

Defendant’s plea, the State dismissed the possession of marijuana charge in

connection with the instant matter, and also dismissed trial docket 85,719.

Additionally, the State recommended that that a pre-sentence investigation be

performed and that all sentences run concurrently.

On November 19, 2014, Defendant was sentenced to two years hard labor in

connection with the instant matter. He was also sentenced to two years at hard

labor in connection with count one of docket number 85,718 and four years at hard

labor under count two of docket number 85,718. All three sentences were ordered

run concurrently, and Defendant was given credit for time served.

On December 17, 2014, Defendant filed a pro se “Motion to Amend and

Modify Sentence”, which was followed on December 22, 2014, by a counsel-filed

“Motion to Reconsider Sentence.” Both motions were denied by the trial court.

Defendant timely filed the instant appeal, claiming the two-year sentence for

possession of marijuana, second offense, under trial court docket number 85,591 is

excessive.1

FACTS

The following factual basis was presented by the State at the time of

Defendant’s plea:

Your Honor, in 85,591, count two, it’s contended by the State
of Louisiana on or about May 15, 2013 in Vernon Parish, Louisiana
on Louisiana Highway 171 South, a Bill Tyree along with Agent Ben
Burwell initiated a traffic stop involving Mr. Daniels on an improper
turn on Highway 171 South. At that time, during the course of their
investigation and with his permission to search his vehicle and
statements made by him at the scene, he was – had what was later
confirmed by the crime lab to be marijuana that he had recently
ingested as well as had in his possession in his vehicle. He was
charged – and we would offer all other discovery proved by the State
of Louisiana herein in that matter. He was charged as a second
offender in that matter based on a previous conviction in this court
and I would offer as State Exhibit Number One an excerpt from the
minutes from Wednesday, August 15th, 2001 showing his plea to
possession of marijuana first offense.

ERRORS PATENT

In accordance with La.Code Crim.P art. 920, all appeals are reviewed for

errors patent on the face of the record. After reviewing the record, we find no

errors patent.

ASSIGNMENT OF ERROR

In Defendant’s sole assignment of error, he alleges that his sentence is

excessive. For the reasons set forth in State of Louisiana v. Cedric Daniels, 15-148

(La.App. 3 Cir. __/__/15), ___ So.3d ___, the judgment of the trial court is

affirmed. In light of the defendant’s drug problems, this case is remanded to the

1
Defendant’s appeal of the trial court’s sentence in connection with trial court docket
number 85,718 is addressed in State of Louisiana v. Cedric Daniels, 15-148 (La.App. 3 Cir.
__/__/15), ___ So.3d ___.

2

trial court with instructions to conduct a hearing on whether the defendant is a

candidate for placement in a rehabilitation facility such as The Blue Walter

Substance Abuse Treatment Program.

AFFIRMED AND REMANDED WITH INSTRUCTIONS.

3

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

15-147

STATE OF LOUISIANA

VERSUS

CEDRIC DANIELS

PETERS, J., concurs in part and dissents in part and assigns reasons.

For the reasons set forth in my concurrence/dissent in State v. Cedric

Daniels, 15-148 (La.App. 3 Cir. ___/___/___), ____ So.3d____, I agree with the

majority’s affirmation of the defendant’s sentence, but disagree with the remand to

the trial court for a hearing on whether the defendant is a candidate for placement

in a rehabilitation facility.