Conviction upheld for Kinder man convicted of selling multiple narcotics

Published 10:40 pm Friday, December 2, 2022

The conviction and sentence of a Eunice man accused of selling drugs and prescription medications to residents of a Kinder trailer park were upheld recently by the 3rd Circuit Court of Appeal.

A three-judge panel affirmed the conviction and sentence imposed on John Paul Simien in the 33rd Judicial District Court in Allen Parish.

Simien was arrested by the Allen Parish Sheriff’s Office in December 2019 for selling heroin, crystal methamphetamine, marijuana and prescribed medications to the residents after narcotics officers conducted surveillance of the trailer park.

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During a search of Simien’s person at the time of his arrest, officers found several narcotics, including heroin, crystal methamphetamine and ecstasy, all packaged for street distribution. Simian was also carrying a loaded handgun, numerous baggies and a digital scale. Promethazine syrup was also found inside his vehicle.

An Allen Parish jury unanimously convicted Simien on six drug-related and firearm charges following a one day trial in September 2021.

He was sentenced in January to eight years with the Louisiana Department of Correction for possession with intent to distribute methamphetamine, 20 years for possession with intent to distribute fentanyl, eight years for possession with intent to distribute ecstasy, eight years for distribution of alprazolam, 10 years without benefit of patrol, probation or suspension of sentence for possession of a firearm by a felton, eight years without benefit of patrol, probation or suspension of sentence for illegal carrying of a weapon. The sentences were to be served concurrently.

Simian asked the court to reconsider the conviction and sentence saying the trial court erred by denying three challenges for cause made by the defense while granting the prosecution’s challenges for cause. He also contends defense counsel provided ineffective assistance by failing to move for sequestration of witnesses.

He also argued that the tail court erred by defending defense objections to allowing a gun and 13 plastic bags with residue to be entered as evidence at trial. He further argued that the trial court erred by denying defense objection to state’s reference to defendant’s failure to call certain witnesses during closing argument.

After reviewing the matter, the 3d Circuit affirmed both the conviction and sentence.