State v. Gillam

11 JAMES F. McKAY, III, Judge.

The State of Louisiana takes this appeal from the trial court’s refusal to adjudicate Michael Gillam a multiple offender. For the reasons set forth below, we reverse the ruling of the trial court, enter an adjudication as a third felony offender, vacate the original sentence, and remand for resen-tencing as a third offender.

The State charged Michael Gillam with simple possession of cocaine, a charge to which he pled not guilty. On November 26, 2001, a jury found him guilty as charged. The court subsequently sentenced him to serve eighteen months at hard labor,…