State v. Barnes

179 So. 3d 885, 15 La.App. 5 Cir. 268, 2015 La. App. LEXIS 2363, 2015 WL 7423514
CourtLouisiana Court of Appeal
DecidedNovember 19, 2015
DocketNo. 15-KA-268
StatusPublished
Cited by2 cases

This text of 179 So. 3d 885 (State v. Barnes) 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 v. Barnes, 179 So. 3d 885, 15 La.App. 5 Cir. 268, 2015 La. App. LEXIS 2363, 2015 WL 7423514 (La. Ct. App. 2015).

Opinion

STEPHEN J. WINDHORST, Judge.

| ¡¡Defendant, Ronell B. Barnes, pled guilty to armed robbery in violation of La. R.S. 14:64 (count one) and felon in possession of a firearm in violation of La. R.S. 14:95.1 (count two). He was sentenced to twenty-five years at hard labor on count one and ten years at hard labor on count two to run concurrently with each other. Both sentences were to be served without benefit of parole, probation, or suspension of sentence.1

Thereafter, defendant filed an application for post-conviction relief, and the trial court granted an out-of-time appeal. This appeal follows.

In this appeal, defense counsel alleges that there are no non-frivolous issues for review and also requests that this Court conduct an error patent review. Defendant has filed a pro se brief in which he also requests an error patent review, and further alleges ineffective assistance of trial counsel and that his plea was not knowingly and voluntarily made. For the following reasons, we affirm defendant’s convictions and sentences.2

J^FACTS

Because the instant conviction was a result of a guilty plea, the underlying facts of the matter were not fully developed at trial. The bill of information charges that in Jefferson Parish on or about August 19, 2012, defendant violated La. R.S. 14:64 by [888]*888robbing Darcell Pope while armed with a dangerous weapon, and that he violated La. R.S. 14:95.1 by possessing a firearm, having previously been convicted of first degree robbery in violation of La. R.S. 14:64.1. At the time of defendant’s plea, the State tendered the following factual basis: “So basically, it’s a robbery with a gun of Dollar General where money was taken.” The State further said that one of the defendants “had a gun in his hand during the robbery.” The State also provided that “Each defendant had the prior convictions that are listed in the bill of information, and I am alleging that they shared, are principals on the gun.”

DISCUSSION

Under the procedure adopted by this Court in State v. Bradford, 95-929 (La. App. 5 Cir. 06/25/96), 676 So.2d 1108, 1110-11, appointed appellate counsel has filed a brief asserting that she has thoroughly reviewed the trial court record and cannot find any non-Mvolous issues to raise on appeal. Accordingly, appointed counsel requests permission to withdraw as counsel of record.

Defendant fíled a pro se brief in which he adopts appellate counsel’s request for an error patent review. In addition, defendant alleges that his trial counsel was ineffective for failing to investigate the evidence against defendant and for failing to stop the guilty pleas colloquy to determine whether defendant had any mental problems or had taken any medication.

After receiving appellate counsel’s brief and motion to withdraw, this Court performed a full examination of the entire appellate court record to determine I f,whether this appeal is frivolous in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967) and State v, Jyles, 96-2669 (La.12/12/97), 704 So.2d 241 (per curiam ).3 Our independent review of the record in this case consisted of (1) a review of the bill of information to ensure that defendant was properly charged; (2) a review of all minute entries .to ensure that defendant was present at all crucial stages of the proceedings and that the conviction and sentence are legal; and (3) a review of the guilty plea and sentencing transcript to determine if there was an arguable basis for appeal.

In our review, we found-no non-frivolous issues regarding defendant’s convictions and sentences. The record shows that defendant was aware that he was pleading guilty to armed robbery and felon in possession of a firearm. Defendant pled guilty as charged to both counts, which is [889]*889reflected by both the transcript of the guilty pleas colloquy and by defendant’s signed written guilty plea form. During the guilty pleas colloquy and by the guilty plea form, defendant was informed of his right to a trial by judge or jury; the right to be presumed innocent until the State proves his guilt beyond a reasonable doubt; the right to confront any witnesses at trial who accuse him of these crimes and have counsel cross-examine each .of those witnesses; the right to testify himself at trial if he chose to do so; the right to remain silent if. he chose not to testify at trial and not have his silence held |,¡against him or considered as evidence of his guilt; the right to subpoena and compel any witnesses that would testify on his behalf; the right to present evidence that would be favorable to him at trial; the right to appeal any guilty verdict that might be returned against him at trial; and the right to be represented by counsel through all stages of the proceedings and have counsel appointed to him if he could not afford counsel. In addition, both the transcript and the waiver of rights form reflect that defendant was advised that if his guilty pleas were accepted, that he would, be sentenced to twenty-five years imprisonment for armed robbery and ten years imprisonment for felon in possession of a firearm with both sentences to be served at hard labor without benefit of probation, parole, or suspension of sentence and to run concurrently with each other. Defendant was sentenced in conformity with the plea agreement.

PRO SE ASSIGNMENT OF ERROR

In his pro se brief, defendant argues that his guilty pleas were.not voluntarily and intelligently made because of ineffective assistance of counsel, duress, lack of-understanding regarding the criminal process, and being unaware of the facts of the State’s case. Defendant specifically, asserts that his counsel was ineffective for failing to investigate the evidence and not realizing that the victim’s account described a first degree robbery instead of an armed robbery. He also argues that during the guilty pleas colloquy he informed the court that he did not understand, and defense counsel did not stop the process to conduct an inquiry. Defendant asserts that if defense counsel had informed him that there was not enough evidence to convict him of aimed robbery, then he would have proceeded to trial. He further argues that he was not informed of the nature of the charge against him, the maximum and minimum sentence exposure, and the consequences of a guilty plea.

17The transcript in the appellate record reflects that when the trial judge asked defendant whether he was forced, threatened, or coerced into entering his guilty pleas, defendant replied “No, sir.” In his guilty plea form, defendant initialed that he' had not in any way been- forced,coerced, or threatened to enter his guilty pleas.

Defendant also argues that he lacked an understanding of the criminal process. He asserts that he told the 'trial judge ahd counsel that he did not understand. During the guilty pleas colloquy, after defendant indicated that he could not understand, defense counsel súggested that he listen carefully. The trial judge repeated the question, and defendant subsequently. indicated that he understood. The judge also informed defendant that he could stop and ask any questions he might have. However, the only questions defendant expressed were for the trial judge to repeat certain questions, which the judge did immediately. After the questions were completed, defendant indicated that he understood.

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Bluebook (online)
179 So. 3d 885, 15 La.App. 5 Cir. 268, 2015 La. App. LEXIS 2363, 2015 WL 7423514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-barnes-lactapp-2015.