STATE v. COOLEY (2021)

Court of Appeal of Louisiana, Third Circuit.

STATE of Louisiana v. Jeffery Lynn COOLEY

21-26

Decided: October 06, 2021

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

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

For the reasons assigned by this court in State v. Cooley, 21-25 (La.App. 3 Cir. 10/6/21), ––– 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.

PICKETT, Judge.

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