State of Louisiana v. Cedric Daniels

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

15-148

STATE OF LOUISIANA

VERSUS

CEDRIC DANIELS

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APPEAL FROM THE
THIRTIETH JUDICIAL DISTRICT COURT
PARISH OF VERNON, NO. 85718
HONORABLE VERNON B. CLARK, DISTRICT JUDGE

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ON REHEARING

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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.

REHEARING GRANTED;
AND AFFIRMED.

Hon. Asa Allen Skinner
District Attorney, Thirtieth Judicial 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.

We granted a rehearing in this matter for the limited purpose of considering

the rehearing motion filed by the State of Louisiana (state) seeking the removal of

the sentence in the dispositional paragraph which reads: “In light of the

defendant’s drug problems, this case is remanded to the 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.” Upon further review of this matter, we find that the state is entitled to

this relief.

As pointed out by the state, the defendant did not seek this relief on appeal.

The scope of appellate review of a sentence is found in La.Code Crim.P. art.

881.2(A)(1) which provides, in pertinent part, that “[t]he defendant may appeal or

seek review of a sentence based on any ground asserted in a motion to reconsider

sentence.” As a result, we amend the dispositional language of our opinion to read

as follows.

DECREE

Defendant’s sentences are affirmed.

REHEARING GRANTED;
AFFIRMED.