State of Louisiana v. Jeffery Lynn Cooley

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

21-26 consolidated with 21-25

STATE OF LOUISIANA

VERSUS

JEFFERY LYNN COOLEY

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APPEAL FROM THE
THIRTY-SIXTH JUDICIAL DISTRICT COURT
PARISH OF BEAUREGARD, NO. CR-2017-939
HONORABLE MARTHA ANN O'NEAL, DISTRICT JUDGE

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ELIZABETH A. PICKETT
JUDGE

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Court composed of Elizabeth A. Pickett, John E. Conery, and Candyce G. Perret,
Judges.

CONVICTIONS AFFIRMED.
SENTENCES AFFIRMED IN PART.
SENTENCES VACATED IN PART AND REMANDED FOR
RESENTENCING.
REMANDED WITH FURTHER INSTRUCTIONS.

S. Christie Smith, IV
SmithAdvocates, LLC
P.O. Box 1528
Leesville, LA 71496
(337) 239-2244
COUNSEL FOR DEFENDANT-APPELLANT:
Jeffery Lynn Cooley

James R. Lestage
District Attorney, Thirty-sixth Judicial District
Richard A. Morton
Assistant District Attorney
124 South Steward St.
DeRidder, LA 70634
(337) 463-5578
COUNSEL FOR APPELLEE:
State of Louisiana

PICKETT, Judge.

For the reasons assigned by this court in State v. Cooley, 21-25 (La.App. 3

Cir. __/__/__), ___ So.3d ___, the defendant’s convictions for aggravated battery,

possession with intent to distribute CDS II (methamphetamine), possession of CDS

II (morphine sulphate), attempted possession of CDS IV (temazepam), attempted

possession of CDS IV (zolpidem tartrate), and attempted possession of CDS IV

(tramadol) are affirmed. Additionally, the defendant’s mandatory life sentences

for aggravated battery and possession with intent to distribute CDS II

(methamphetamine) are affirmed. The mandatory life sentences imposed on counts

five through eight (convictions for attempted possession of CDS IV (temazepam),

attempted possession of CDS IV (zolpidem tartrate), and attempted possession of

CDS IV (tramadol), and possession of CDS II (morphine sulphate)) are vacated

and the case remanded for resentencing on those counts under La.R.S.

15:529.1(A)(4)(a). Additionally, because the trial court failed to vacate the

original sentences before it resentenced the defendant, the trial court is instructed

to vacate the sentences originally imposed on counts three through eight for the

record.

CONVICTIONS AFFIRMED.
SENTENCES AFFIRMED IN PART.
SENTENCES VACATED IN PART AND REMANDED FOR
RESENTENCING.
REMANDED WITH FURTHER INSTRUCTIONS.