State of Louisiana v. Chad Michael Mouton

CourtLouisiana Court of Appeal
DecidedMay 21, 2014
DocketKA-0014-0108
StatusUnknown

This text of State of Louisiana v. Chad Michael Mouton (State of Louisiana v. Chad Michael Mouton) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Louisiana v. Chad Michael Mouton, (La. Ct. App. 2014).

Opinion

NOT FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

14-108

STATE OF LOUISIANA

VERSUS

CHAD MICHAEL MOUTON

********** APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, DOCKET NO. CR 131200 HONORABLE GLENNON P. EVERETT, DISTRICT JUDGE **********

SYLVIA R. COOKS JUDGE

**********

Court composed of Sylvia R. Cooks, Marc T. Amy and J. David Painter, Judges.

CONVICTION AND SENTENCE AFFIRMED. MOTION TO WITHDRAW GRANTED. Michael Harson, District Attorney Keith Stutes, Assistant District Attorney P.O. Box 3306 Lafayette, LA 70502 (337) 232-5170 ATTORNEY FOR APPELLEE State of Louisiana

Annette Roach Louisiana Appellate Project P.O. Box 1747 Lake Charles, LA 70602 (337) 436-2900 ATTORNEY FOR DEFENDANT/APPELLANT Chad Michael Mouton COOKS, Judge.

FACTS AND PROCEDURAL HISTORY

Defendant, Chad Michael Mouton, was indicted for aggravated rape of a

child under the age of thirteen, a violation of La.R.S. 14:42, on October 27, 2010.

Defendant entered a plea of not guilty on December 14, 2010. The trial court

ordered a sanity commission on October 17, 2011, “to examine [Defendant] as to

and whether or not at the time of the alleged crime he was able to distinguish

between right and wrong.” Dr. Catherine McDonald issued a report on June 13,

2012, indicating her opinion Defendant could stand trial. Dr. Glenn Ally’s report

dated April 12, 2012, also opined Defendant was competent to stand trial. That

report also indicated Defendant “knows right from wrong” and could “aid and

assist his attorney in his own defense.” The trial court found Defendant competent

to stand trial at a hearing on August 15, 2013.

On September 5, 2013, Defendant changed his plea to guilty of the lesser

included offense of oral sexual battery of a victim under the age of fifteen at least

three years younger than he, a violation of La.R.S. 14:43.3(A)(1). The plea

agreement indicated Defendant understood he could be sentenced to imprisonment

at hard labor for twenty-five to ninety-nine years, with at least twenty-five years to

be served without benefit of parole, probation, or suspension of sentence.

Defendant also agreed to a plea recommendation of a sentencing cap of forty years,

and the trial court agreed to abide by that recommendation.

After considering the presentencing investigation report, Defendant’s prior

criminal history, and the aggravating and mitigating circumstances of the case, the

trial court sentenced Defendant to thirty-five years at hard labor, with the first

twenty-five years to be served without benefit of probation, parole, or suspension

of sentence. Defendant objected to the sentence as “unduly harsh” but filed no

motion to reconsider his sentence.

2 Appellate counsel has filed a brief pursuant to Anders v. California, 386

U.S. 738, 87 S.Ct. 1396 (1967), alleging no non-frivolous issues exist on which to

base an appeal and seeking to withdraw as Defendant’s counsel.

ERRORS PATENT

In accordance with La.Code Crim.P. art. 920, we review all appeals for

errors patent on the face of the record. After reviewing the record, we find there

are no errors patent.

ANALYSIS

In State v. Benjamin, 573 So.2d 528, 531 (La.App. 4 Cir. 1990), the fourth

circuit explained the analysis based on Anders, 386 U.S. 738:

When appointed counsel has filed a brief indicating that no non-frivolous issues and no ruling arguably supporting an appeal were found after a conscientious review of the record, Anders requires that counsel move to withdraw. This motion will not be acted on until this court performs a thorough independent review of the record after providing the appellant an opportunity to file a brief in his or her own behalf. This court’s review of the record will consist of (1) a review of the bill of information or indictment to insure the defendant was properly charged; (2) a review of all minute entries to insure the defendant was present at all crucial stages of the proceedings, the jury composition and verdict were correct and the sentence is legal; (3) a review of all pleadings in the record; (4) a review of the jury sheets; and (5) a review of all transcripts to determine if any ruling provides an arguable basis for appeal. Under C.Cr.P. art. 914.1(D) this Court will order that the appeal record be supplemented with pleadings, minute entries and transcripts when the record filed in this Court is not sufficient to perform this review.

While it is not necessary for Defendant’s counsel to “catalog tediously every

meritless objection made at trial or by way of pre-trial motions with a labored

explanation of why the objections all lack merit[,]” an Anders brief must “‘assure

the court that the indigent defendant’s constitutional rights have not been

violated.’” State v. Jyles, 96-2669, p. 2 (La. 12/12/97), 704 So.2d 241 (citing

Jones v. Barnes, 463 U.S. 745, 103 S.Ct. 3308 (1983) and McCoy v. Court of

Appeals of Wisconsin, 486 U.S. 429, 108 S.Ct. 1895 (1988)). Counsel must fully

discuss and analyze the trial record and consider “whether any ruling made by the

3 trial court, subject to the contemporaneous objection rule, had a significant,

adverse impact on shaping the evidence presented to the jury for its consideration.”

Jyles, 704 So.2d at 241 (citing United States v. Pippen, 115 F.3d 422 (7th Cir.

1997)). Thus, counsel’s Anders brief must review the procedural history and the

evidence presented at trial and provide “a detailed and reviewable assessment for

both the defendant and the appellate court of whether the appeal is worth pursuing

in the first place.” State v. Mouton, 95-981, p. 2 (La. 4/28/95), 653 So.2d 1176,

1177.

Pursuant to Anders, 386 U.S. 738, and Jyles, 704 So.2d 241, Defendant’s

appellate counsel filed a brief citing several potential errors for appeal, including

an excessive sentence argument. Counsel noted the guilty plea indicated

Defendant understood he would receive a sentence of no more than forty years.

The sentence actually imposed was below this sentencing cap.

Louisiana Code of Criminal Procedure Article 881.2(A)(2) provides a

“defendant cannot appeal or seek review of a sentence imposed in conformity with

a plea agreement which was set forth in the record at the time of the plea.” This

court has held, based on this article, “[i]n an instance where the court sentences the

defendant in accordance with the parties’ recommendation for a specific sentence

or a sentencing range, it is clear that review of the imposed sentence is precluded.”

State v. Jordan, 98-101, p. 4 (La.App. 3 Cir. 6/3/98), 716 So.2d 36, 38. Thus, a

defendant may not seek review of his sentence “when a specific sentence or

sentencing range is agreed to by both parties as part of a plea agreement, and is

judicially recognized at the sentencing hearing.” Id. at 39 (quoting State v.

Goodman, 96-376, p. 4 (La.App. 3 Cir. 11/6/96), 684 So.2d 58, 61).

Here, the trial court sentenced Defendant according to the recommended

sentencing cap.

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Jones v. Barnes
463 U.S. 745 (Supreme Court, 1983)
McCoy v. Court of Appeals of Wisconsin, District 1
486 U.S. 429 (Supreme Court, 1988)
State v. Benjamin
573 So. 2d 528 (Louisiana Court of Appeal, 1990)
State v. Jordan
716 So. 2d 36 (Louisiana Court of Appeal, 1998)
State v. Jyles
704 So. 2d 241 (Supreme Court of Louisiana, 1997)
State v. Goodman
684 So. 2d 58 (Louisiana Court of Appeal, 1996)

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