State v. Carter

274 So. 3d 831
CourtLouisiana Court of Appeal
DecidedMay 29, 2019
DocketNO. 18-KA-541
StatusPublished

This text of 274 So. 3d 831 (State v. Carter) 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. Carter, 274 So. 3d 831 (La. Ct. App. 2019).

Opinion

WINDHORST, J.

Defendant appeals his conviction and sentence for failing to maintain his registration as a sex offender. For the reasons that follow, we affirm defendant's conviction and sentence and remand with instructions. We also grant appellate counsel's motion to withdraw as attorney of record.

FACTS AND PROCEDURAL HISTORY

The Jefferson Parish District Attorney filed a bill of information charging defendant, Benjamin J. Carter, Jr., with failing to maintain his registration as a sex offender in violation of La. R.S. 15:542.1.4. Defendant pled not guilty at his arraignment. On June 27, 2018, defendant withdrew his plea of not guilty, and after being *833advised of his Boykin 1 rights, pleaded guilty as charged.

On July 9, 2018, the trial court sentenced defendant to five years imprisonment at hard labor to be served without benefit of parole, probation, or suspension of sentence, and imposed a $ 3,000 fine.2 Defendant filed a motion for appeal on July 11, 2018, and it was granted the following day.

Because defendant's conviction resulted from a guilty plea, the facts underlying the crime of conviction were not fully developed in the record. According to the superseding bill of information, on or about July 22, 2017, in Jefferson Parish, defendant violated La. R.S. 15:542.1.4 by failing to appear for his annual registration appointment with the Jefferson Parish Sheriff's Office, which was related to previous convictions for indecent behavior with a juvenile and failure to update registration as a sex offender.3

The State provided a factual basis in this matter, after the trial court accepted defendant's guilty plea:

With regard to our bill in 17-5951, as superseded; had this matter proceeded to trial, our evidence int [sic ] his case would have proven that Benjamin J. Carter, Jr., late of Jefferson Parish, on or about the 22nd day of July in the year 2017, violated Louisiana Revised Statute 15:542.1.4, in that he, having been previously convicted of the crime of Indecent Behavior with a Juvenile in case number 00-6450 on the docket of Division M, in the Twenty-Fourth Judicial District Court, Parish of Jefferson. And in consequence thereof, having an obligation to register as a sex offender, did fail to maintain his registration as a convicted sex offender, in that he did fail to appear for his annual registration appointment with the Jefferson Parish Sheriff's Office. Having also previously been convicted of the crime of Failure to Update Registration as a Sex Offender on April 27, 2010, under case number 09-4805, the docket of Division A, in the Twenty-Fourth Judicial District Court, Parish of Jefferson. And further, of Failure to Register as a Sex Offender on May 10, 2013, under case number 13-1139, of the docket of Division K, of the Twenty-Fourth Judicial District Court, Parish of Jefferson.
His failure in this case occurred in Jefferson Parish, which is within this Court's jurisdiction.

LAW AND DISCUSSION

Pursuant to the procedure adopted by this Court in *834State v. Bradford, 95-929 (La. App. 5 Cir. 6/25/96), 676 So.2d 1108, 1110-11,4 appointed appellate counsel has filed a brief asserting that she has thoroughly reviewed the trial court record and cannot find any non-frivolous issues to raise on appeal. Accordingly, under 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 ), appointed counsel requests permission to withdraw as counsel of record.

In Anders, supra, the United States Supreme Court stated that appointed appellate counsel may request permission to withdraw if she finds her case to be wholly frivolous after a conscientious examination of it. The request must be accompanied by "a brief referring to anything in the record that might arguably support the appeal" so as to provide the reviewing court "with a basis for determining whether appointed counsel have fully performed their duty to support their clients' appeals to the best of their ability" and to assist the reviewing court "in making the critical determination whether the appeal is indeed so frivolous that counsel should be permitted to withdraw." McCoy v. Court of Appeals of Wisconsin, Dist. 1, 486 U.S. 429, 439, 108 S.Ct. 1895, 1902, 100 L.Ed.2d 440 (1988).

In Jyles, 704 So.2d at 241, the Louisiana Supreme Court stated that an Anders brief need not tediously catalog every meritless pretrial motion or objection made at trial with a detailed explanation of why the motions or objections lack merit. The supreme court explained that an Anders brief must demonstrate by full discussion and analysis that appellate counsel "has cast an advocate's eye over the trial record and considered whether any ruling made by the trial court, subject to the contemporaneous objection rule, had a significant, adverse impact on shaping the evidence presented to the jury for its consideration." Id.

When conducting a review for compliance with Anders, an appellate court must conduct an independent review of the record to determine whether the appeal is wholly frivolous. Bradford, 676 So.2d at 1110. If, after an independent review, the reviewing court determines there are no non-frivolous issues for appeal, it may grant counsel's motion to withdraw and affirm the defendant's conviction and sentence. However, if the court finds any legal point arguable on the merits, it may either deny the motion and order the court-appointed attorney to file a brief arguing the legal point(s) identified by the court, or grant the motion and appoint substitute appellate counsel.

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Boykin v. Alabama
395 U.S. 238 (Supreme Court, 1969)
McCoy v. Court of Appeals of Wisconsin, District 1
486 U.S. 429 (Supreme Court, 1988)
State v. Crosby
338 So. 2d 584 (Supreme Court of Louisiana, 1976)
State v. Wingerter
926 So. 2d 662 (Louisiana Court of Appeal, 2006)
State v. Benjamin
573 So. 2d 528 (Louisiana Court of Appeal, 1990)
State v. Weiland
556 So. 2d 175 (Louisiana Court of Appeal, 1990)
State v. Mouton
653 So. 2d 1176 (Supreme Court of Louisiana, 1995)
State v. Washington
916 So. 2d 1171 (Louisiana Court of Appeal, 2005)
State v. Bradford
676 So. 2d 1108 (Louisiana Court of Appeal, 1996)
State v. Lynch
441 So. 2d 732 (Supreme Court of Louisiana, 1983)
State v. Jyles
704 So. 2d 241 (Supreme Court of Louisiana, 1997)
State v. Oliveaux
312 So. 2d 337 (Supreme Court of Louisiana, 1975)
State v. Moore
958 So. 2d 36 (Louisiana Court of Appeal, 2007)
State v. McCoil
924 So. 2d 1120 (Louisiana Court of Appeal, 2006)
State v. Vance
225 So. 3d 1192 (Louisiana Court of Appeal, 2017)

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Bluebook (online)
274 So. 3d 831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-carter-lactapp-2019.