State v. Benoit

195 So. 3d 668, 16 La.App. 3 Cir. 129, 2016 La. App. LEXIS 1100, 2016 WL 3087912
CourtLouisiana Court of Appeal
DecidedJune 1, 2016
DocketNo. 16-129
StatusPublished
Cited by2 cases

This text of 195 So. 3d 668 (State v. Benoit) 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. Benoit, 195 So. 3d 668, 16 La.App. 3 Cir. 129, 2016 La. App. LEXIS 1100, 2016 WL 3087912 (La. Ct. App. 2016).

Opinion

GREMILLION, Judge.

11Defendant, Javin James Benoit, went to the home of Jennifer Duffy in an attempt to reconcile with her after she had terminated their relationship. When she refused, he convinced her to drive him home. On the way home, he attacked her and severely beat her about the face and head. He left her unconscious in the back seat of her vehicle, parked behind a hospital in Lafayette. Defendant went to the home of his uncle in Lafayette and told him what he had done and where the victim was located. Defendant’s uncle rode his bike to the hospital and found the victim semiconscious in the vehicle. There was blood all over the vehicle, and the victim was bleeding from her nose, ears, mouth, and eyes. The uncle drove the [669]*669victim back to his house. Several hours later, after it became apparent the victim needed serious medical attention, the uncle called Defendant’s mother and sister, who immediately called 911. The victim was transported to the emergency room, where she was admitted to the hospital with severe injuries to her face, neck, and head.

On December 13, 2013, Defendant was charged by a bill of information with attempted second degree murder, violations of La.R.S. 14:27 and 14:30.1. On February 6, 2015, Defendant pled guilty to attempted manslaughter, a violation of La.R.S. 14:27 and 14:31. In exchange for his plea, the State agreed to dismiss an unrelated charge of introduction of contraband into a penal institution and not to file a habitual offender bill. On March 9, 2015, the date for sentencing, Defendant made an oral motion to withdraw the plea of guilty to attempted manslaughter. At this time, Defendant indicated he was hiring private counsel. A hearing was scheduled for April 2, 2015, to address the motion to withdraw Defendant’s guilty plea and attorney status. At the April 2, 2015 hearing, Defendant advised the trial 12court he desired a court-appointed counsel. New counsel was appointed and the matter was continued to April 20, 2015.

On April 20, 2015, Defendant withdrew his motion to withdraw the guilty plea. Defendant was sentenced to the maximum term of twenty years imprisonment at hard labor, to be served concurrently with two and one-half years of a five-year sentence he was already serving for a parole violation.

Defendant filed an “Out-of-Time Motion to Reconsider Sentence.” The motion was denied on May 18, 2015, without a hearing. The motion to reconsider was not untimely filed, however, as noted by the date the trial court denied the motion.

Defendant perfected a timely appeal, and a public defender was appointed to represent Defendant. Defendant’s appellate counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), alleging that the record contains no non-frivolous issues for appeal and requests that this court grant her accompanying mdtion to withdraw. On March 8, 2016, Defendant was advised, via certified mail, that counsel filed an Anders brief and that he was given until April 15, 2016, to file a pro se brief. To date, Defendant has not filed a pro se brief. For the following reasons, we affirm Defendant’s conviction and sentence and grant appellate counsel’s motion to withdraw.

ANDERS ANALYSIS

Pursuant to Anders, Defendant’s appellate counsel filed a brief stating that she made a conscientious and thorough review of the trial court record and could find no errors on appeal that would support reversal of Defendant’s conviction or sentence. Thus, appellate counsel seeks to withdraw.

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

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 [670]*670was 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.

An appellate counsel’s Anders brief must review the record 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.

In support of her motion to. withdraw, appellate counsel noted that while the bill of information charged Defendant with attempted second degree murder, the bill was not formally amended. However, the State acknowledged its acceptance of a plea to a reduced charge at the guilty plea hearing as permitted by La.Code Crim.P. art. 558.

Appellate counsel further noted that the trial court gave detailed reasons supporting the imposition of the maximum sentence for the offense of attempted manslaughter. The trial court noted that Defendant was a fourth-time felony offender, which included two convictions for domestic violence and one conviction for an assault on a police officer. Defendant also had several misdemeanor | ¿convictions for various theft and drug offenses. The trial court further noted the severity of the injuries inflicted on the victim and the emotional and economic impact his actions had on the victim who has had several facial reconstruction surgeries and has partial facial paralysis as a result of Defendant’s actions. Finally, appellate counsel noted the significant benefit Defendant received from the plea agreement, considering he was looking at the potential of a life sentence had he not pled to attempted manslaughter and the State chosen to charge him as a habitual offender.

Appellate counsel concluded that “[biased on the record and the conclusions set forth above, appellate counsel can find no errors on appeal which would support the setting aside or the amendment of the twenty year hard labor sentence imposed upon [Defendant].” Appellate counsel desires to withdraw from the case because she could find no non-frivolous error subject to review on appeal.

Pursuant to Anders, 386 U.S. 738, 87 S.Ct. 1396, and Benjamin, 573 So.2d 528, we have performed a thorough review of the record, including pleadings, minute entries, the charging instrument, and the transcripts. Our review confirmed the statements made by appellate counsel. Furthermore, Defendant was present and represented by counsel at all crucial stages of the proceedings. Additionally, Defendant entered a free and voluntary plea after he was advised of his rights in accordance with Boykin v. Alabama,

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Bluebook (online)
195 So. 3d 668, 16 La.App. 3 Cir. 129, 2016 La. App. LEXIS 1100, 2016 WL 3087912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-benoit-lactapp-2016.