State of Louisiana v. Jeffery Lynn Cooley

• Court: Louisiana Court of Appeal
• Decided: October 6, 2021
• Docket: KA-0021-0026
• Status: Unknown

Opinion

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

ELIZABETH A. PICKETT JUDGE

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.