Summary
The Louisiana Court of Appeal, Second Circuit, affirmed Jimmy Wayne Newton Jr.'s convictions and sentences for firearm possession by a convicted felon and methamphetamine distribution. The court rejected challenges to the consecutive and allegedly excessive sentences, mitigating-factor analysis, and denial of the motion to withdraw his guilty plea. It vacated the imposed fines and remanded for a financial-hardship hearing under La. C. Cr. P. art. 875.1.
Topics
Practice areas
Questions Presented
- Whether the trial court imposed constitutionally excessive maximum and consecutive sentences.
- Whether the trial court failed to give sufficient weight to Newton's age and stage-four renal cancer as mitigating factors.
- Whether the trial court abused its discretion by denying Newton's motion to withdraw his guilty plea.
- Whether the trial court committed patent error by imposing fines without conducting the financial-hardship hearing required by Louisiana Code of Criminal Procedure article 875.1.
Holdings
- The sentences were not constitutionally excessive, and the trial court did not abuse its sentencing discretion. The trial court adequately considered the sentencing guidelines, Newton's extensive criminal history, his repeated failures on probation or parole, the risk of recidivism, and the benefit of the plea agreement.
- The trial court did not err by declining to give greater weight to Newton's age and claimed renal cancer diagnosis.
- The trial court did not abuse its discretion by denying Newton's motion to withdraw his guilty plea.
- The $1,000 fines imposed for the firearm-possession convictions had to be set aside because the record did not show that the trial court conducted the financial-hardship hearing required by article 875.1(C) or that Newton waived the hearing.
Key quotations
“As the record does not indicate the required financial hardship hearing was conducted or show defendant waived the hearing as provided for in La. C. Cr. P. art. 875.1(C)(2), we set aside the imposition of the fine and remand this matter for the trial court to comply with La. C. Cr. P. art. 875.1(C).” (8)
“CONVICTIONS AFFIRMED; SENTENCES AFFIRMED IN PART AND VACATED IN PART; CASE REMANDED.” (9)
Factual background
Law enforcement investigated information that Newton was selling narcotics from his residence and conducted undercover purchases of methamphetamine. A December 17, 2022, search of his residence uncovered methamphetamine, two firearms, a stolen motorcycle, and drug paraphernalia; Newton was a convicted felon prohibited from possessing firearms. He pleaded guilty to two firearm-possession counts and two drug-distribution counts in exchange for dismissal of other charges, then failed to appear for sentencing. The trial court imposed consecutive firearm sentences of ten and fifteen years, consecutive ten-year sentences for the drug-distribution counts concurrent with the firearm sentences, and two $1,000 fines.
Procedural history
Newton was charged by bill of information in the Fifth Judicial District Court for West Carroll Parish. Pursuant to a plea agreement, he pleaded guilty to two firearm-possession counts and two methamphetamine-distribution counts, while the State dismissed the remaining charges. After Newton failed to appear for sentencing, the trial court sentenced him on May 7, 2025. The trial court denied his motions to reconsider the sentence and withdraw his plea, and Newton appealed. The Court of Appeal affirmed the convictions and sentences in part, vacated the $1,000 fines, and remanded for a financial-hardship hearing under Louisiana Code of Criminal Procedure article 875.1.
Remand instructions
Vacate the $1,000 fines and remand for the trial court to conduct a hearing under La. C. Cr. P. art. 875.1 to determine Newton's ability to pay any assessed fine.