State v. Robinson

170 So. 3d 300, 14 La.App. 5 Cir. 889, 2015 La. App. LEXIS 726, 2015 WL 1787817
CourtLouisiana Court of Appeal
DecidedApril 15, 2015
DocketNo. 14-KA-889
StatusPublished
Cited by1 cases

This text of 170 So. 3d 300 (State v. Robinson) 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. Robinson, 170 So. 3d 300, 14 La.App. 5 Cir. 889, 2015 La. App. LEXIS 726, 2015 WL 1787817 (La. Ct. App. 2015).

Opinion

HANS J. LILJEBERG, Judge.

^Defendant, Alfred Robinson, appeals his convictions and sentences for violations of La. R.S. 40:981.3. For the following reasons, we affirm defendant’s convictions and sentences, and we grant appointed counsel’s motion to withdraw as attorney of record.

PROCEDURAL HISTORY

Defendant was charged by bill of information with two counts of distribution of cocaine within 2,000 feet of a drug-free zone and one count of distribution of heroin within 2,000 feet of a drug-free zone, all in violation of La. R.S. 40:981.3. Defendant pleaded not guilty to the charged offenses at his arraignment.

Defendant later withdrew his pleas of not guilty and pled guilty as charged to all three counts. In accordance with the plea agreement, defendant was sentenced to 15 years imprisonment at hard labor on each of the three counts. Defendant’s sentences were ordered to be served concurrent with each other and concurrent with any other sentence defendant may have been serving at the time of |asentencing. The trial court also ordered defendant to fulfill the payment obligations set forth in the fines and fees schedule signed by defendant, which included a $500.00 fine.

FACTS

Because defendant’s convictions were the result of guilty pleas, and resolved without evidentiary hearings, the facts underlying the crimes of conviction are not fully developed in the record. Thus, the facts were gleaned from the recitation of facts presented by the State during the guilty plea colloquy:

On or about April 4th, 2014, the Defendant, Alfred Robinson was contacted by an undercover agent where he had indicated to the agent that he was looking to sell some “hard.” He then met with the undercover agent, which was recorded on video camera within 2,000 feet of a drug-free zone in the Parish of Jefferson where it is recorded that Mr. Alfred Robinson distributed crack cocaine to the undercover agent.
On April 9, 2014, the undercover agent contacted Alfred Robinson looking to purchase some “hard” and some “dog food,” which is street talk for heroin and crack cocaine. And then on that day Alfred Robinson wag on videotape within 2,000 feet of a drug-free zone distributing heroin and crack cocaine to the undercover agent within the Parish of Jefferson. He was then arrested pursuant to a warrant and charged with these three counts.

LAW AND DISCUSSION

Under the procedure set forth in State v. Benjamin, 573 So.2d 528, 530-31 (La.App. 4 Cir.1990), appointed appellate counsel has filed an Anders brief pursuant to 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), asserting that she has thoroughly reviewed the trial court record and cannot find any non-frivolous issues to raise on appeal.1 Accordingly, [303]*303appointed counsel requests to withdraw as attorney of record.

|4In Anders, the United States Supreme Court stated that appointed appellate counsel may request permission to withdraw if he finds his case to be wholly frivolous after a conscientious examination of it. In Jyles, 96-2669 at 2, 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.” Jyles, supra.

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. State v. Bradford, 95-929, p. 4 (La.App. 5 Cir. 6/25/96), 676 So.2d 1108, 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 appellant counsel. Id.

In the present case, defendant’s appellate counsel asserts that after a detailed review of the record, .she could, find no non-frivolous issues to raise on appeal. She contends that defendant was properly charged by bill of information, and he was present in court and represented by counsel at all stages of the proceedings. She asserts that no rulings were preserved for appeal under State v. Crosby, 338 So.2d 584 (La.1976). She avers that defendant accepted the terms of his plea agreement after being fully advised of his constitutional rights by the trial court. She contends that defendant’s sentences were the sentences he bargained for in the plea agreement and that he was sentenced in accordance with the plea agreement. Counsel further notes that 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.

Appellate counsel has filed a motion to withdraw as attorney of record, in which she states that she has found no assignments of error to argue on defendant’s behalf and thus requests permission to withdraw. In her brief, appellate counsel also states that she has forwarded to defendant a copy of her brief, including her request for permission to withdraw.2 The State has filed a response to appellate counsel’s brief, concurring in appellate counsel’s assertion that there are no non-frivolous issues to be raised on appeal.

[304]*304Our independent review of the record supports appellate counsel’s assertion that there are no non-frivolous issues to be raised on appeal.

The record reveals that the bill of information properly charged defendant, as it plainly and concisely states the essential facts constituting the offenses charged. It also sufficiently identifies defendant and the crimes charged. See generally La. C.Cr.P. arts. 463-466. Also, as reflected by the minute entries and commitment, defendant appeared at each stage of the proceedings against him, including arraignment, guilty plea proceedings, and sentencing. The record also shows that defendant filed several pre-trial motions, which were not ruled upon prior to the time defendant entered his guilty pleas. However, when a defendant |fidoes not object to the trial court’s failure to hear or rule on a pre-trial motion prior to pleading guilty, the motion is considered waived. See State v. Corzo, 04-791, p. 2 (La.App. 5 Cir. 2/15/05), 896 So.2d 1101, 1102. Thus, there were no rulings to preserve for appeal under the holding in State v. Crosby, supra.

Furthermore, the record does not reveal any irregularities in defendant’s guilty pleas.

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Bluebook (online)
170 So. 3d 300, 14 La.App. 5 Cir. 889, 2015 La. App. LEXIS 726, 2015 WL 1787817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-robinson-lactapp-2015.