Gabbard v. Short

The defendant and his wife, Jimmie and Elene Hughes, were jointly charged by bill of information with possession of marijuana with the intent to distribute, La. R.S. 40:966 A(1). They were tried before a 12-member jury. Jimmie Hughes was found guilty of attempted possession of marijuana with the intent to distribute; Elene was found guilty of simple possession. Elene drew a suspended sentence which is not contested in this appeal. The trial court sentenced Jimmie Hughes to 12 years at hard labor and a $ 2,500 fine plus costs (or one year at hard labor in default). Hughes appealed and later obtained an extension of return date or perhaps an out of time appeal. He perfected the instant appeal, advancing several arguments through his retained trial counsel; later, this court granted his motion to change counsel, and newly appointed appeal counsel advanced several arguments; finally, Hughes filed a pro se brief reiterating various arguments and urging ineffective assistance of counsel. For the reasons expressed, we affirm Jimmie Hughess conviction but amend the sentence to reflect credit for time served and to strike the imposition of default time upon the indigent defendant.