State v. Saint-Vil

77 So. 3d 390, 10 La.App. 5 Cir. 1051, 2011 La. App. LEXIS 1242, 2011 WL 5061356
CourtLouisiana Court of Appeal
DecidedOctober 25, 2011
DocketNo. 10-KA-1051
StatusPublished

This text of 77 So. 3d 390 (State v. Saint-Vil) 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. Saint-Vil, 77 So. 3d 390, 10 La.App. 5 Cir. 1051, 2011 La. App. LEXIS 1242, 2011 WL 5061356 (La. Ct. App. 2011).

Opinion

FREDERICKS HOMBERG WICKER, Judge.

|2In this criminal matter, defendant/appellant, Mr. Mackenxo Saint-Vil’s appellate counsel, filed a motion to withdraw with accompanying brief stating that no non-frivolous issues exist which arguably support an appeal. After an independent review of the record, we agree that no non-frivolous issues exist. Therefore, Mr. Saint-Vil’s conviction and sentence are affirmed. The case is remanded to the district court for the correction of an error patent.

Facts and Procedural History

On June 4, 2008, Mr. Saint-Vil was charged by bill of information, in case number 08-2930, with introducing contraband into a penal institution in violation of La. R.S. 14:402. He pled not guilty at the arraignment, but on January 29, 2009, Mr. SainL-Vil withdrew his not guilty plea and tendered a plea of guilty. Pursuant to a plea agreement, he was sentenced to five years imprisonment in the | ^.Department of Corrections. The sentence was to run concurrently with the sentences imposed in case numbers 04-3033 and 04-4735.1

On November 8, 2010, Mr. Saint-Vil filed an application for post-conviction relief seeking an out-of-time appeal, alleging that his plea was not knowingly and intelligently made. The trial court granted an out-of-time appeal for case numbers 04-4735 and 08-2930 and appointed the Louisiana Appellate Project to represent Mr. Saint-Vil.

Discussion

Mr. Saint-Vil’s appellate counsel filed a motion to withdraw and brief with this Court stating that, after a conscientious and thorough review of the record, no non-frivolous issues exist to arguably support an appeal. When appointed counsel has filed such a brief, Anders requires that counsel move to withdraw. State v. Benjamin, 573 So.2d 528, 531 (La.App. 4 Cir. 1990).

In Anders v. California, 386 U.S. 738, 744 87 S.Ct. 1396, 1400, 18 L.Ed.2d 493 (1967), the United States Supreme Court stated that appellate counsel may request permission to withdraw if, after a conscientious examination of the record, he finds the case to be wholly frivolous. The request, however, must “be accompanied by a brief referring to anything in the record that might arguably support the appeal.” Id. This provides 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.” State v. Haynes, 09-109, p. 15-16 (La.App. 5 Cir. 2/9/10), 34 So.3d 325, 335 quoting 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).

An Anders brief need not tediously catalog every meritless objection made at trial or by way of pre-trial motions with a labored explanation of why the objections all lack merit. State v. Jyles, 96-2669, p. 2 (La.12/12/97), 704 So.2d 241. [393]*393Rather, it must ensure the court that the defendant’s constitutional rights have not been violated. Id. Appellate counsel must demonstrate to the court by full discussion and analysis that he 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.

In this case, we find that appellate counsel has complied with the requirements set forth in Anders. Counsel notes that the record contains no pretrial rulings to review. Appellate counsel also notes that Mr. Saint-Vil was fully informed of the legal consequences of his plea by both his trial counsel and the trial court. She found that the Boykin form and trial court adequately informed Mr. Saint-Vil of the offense he was pleading guilty to, the rights he was relinquishing, and the sentence he would receive.

The State responded noting that appellate counsel’s brief shows a conscientious and thorough review and recitation of the case’s procedural history. The State further agrees that appellate counsel cast an advocate’s eye over the record when she determined there were no significant non-frivolous issues upon which to base an appeal. The State requests this Court to affirm Mr. Saint-Vil’s conviction and sentence.

When an Anders brief is filed, the appellate court must conduct an independent review of the record. Haynes, supra at 335. After a full examination | sof all the proceedings, the appellate court proceeds to determine whether the ease is wholly frivolous. Anders, supra at 744, 87 S.Ct. 1396. If it so finds, it may grant counsel’s motion to withdraw and dismiss the appeal. Id. The motion will not be acted upon, however, until the appellate court performs a thorough independent review of the record after providing the appellant an opportunity to file a brief in his own behalf. Benjamin, supra at 531.

This Court mailed Mr. Saint-Vil a letter on January 4, 2011, informing him that his appellate counsel filed a brief with this Court stating that no non-frivolous issues exist for this Court to review on appeal. We also informed him that he could file a supplemental brief on his own behalf and gave him until January 27, 2011 to do so. He filed a supplemental brief on January 11, 2011. As the State pointed out, however, the supplemental brief Mr. Saint-Vil filed raises issues pertinent to case 04-3033, which is not the subject of this appeal. We will, therefore, proceed with an independent review of the record which 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. Id.

Our review of the record supports appellate counsel’s assertion that no non-frivolous issues arguably support an appeal.

We have reviewed the record in its entirety, including the bill of information, all minute entries, pleadings, and the transcript. Mr. Saini>-Vil was present and represented by counsel at arraignment when he entered his not guilty plea and during the Boykin hearing when he withdrew that plea and tendered a plea of guilty as required by La.C.Cr.P. art. [394]*394831(A). The transcript of the Boykin hearing and the Boykin form indicate that Mr. Saint-Vil was adequately advised of |fithe right to a jury trial, the right of confrontation, and the privilege against self-incrimination. The trial judge explained to Mr. Saint-Vil the offense with which he was charged, the sentencing range for that offense, and the sentence he would receive pursuant to the agreement. Further, Mr. Saint>-Vil acknowledged that he understood his rights and wished to waive them. In addition, he acknowledged that he did, in fact, commit the offense.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
McCoy v. Court of Appeals of Wisconsin, District 1
486 U.S. 429 (Supreme Court, 1988)
State Ex Rel. Roland v. State
937 So. 2d 846 (Supreme Court of Louisiana, 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. Haynes
34 So. 3d 325 (Louisiana Court of Appeal, 2010)
State v. Richardson
33 So. 3d 903 (Louisiana Court of Appeal, 2010)
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)
Rochon v. Blackburn
727 So. 2d 602 (Louisiana Court of Appeal, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
77 So. 3d 390, 10 La.App. 5 Cir. 1051, 2011 La. App. LEXIS 1242, 2011 WL 5061356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-saint-vil-lactapp-2011.