State v. Stokes

205 So. 3d 1025, 16 La.App. 5 Cir. 292, 2016 La. App. LEXIS 2479
CourtLouisiana Court of Appeal
DecidedDecember 7, 2016
DocketNO. 16-KA-292
StatusPublished

This text of 205 So. 3d 1025 (State v. Stokes) 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. Stokes, 205 So. 3d 1025, 16 La.App. 5 Cir. 292, 2016 La. App. LEXIS 2479 (La. Ct. App. 2016).

Opinion

CHEHARDY, C.J.

liOn appeal, defendant’s appointed appellate counsel has filed an Anders brief on defendant’s behalf, asserting there is no basis for a non-frivolous appeal. For the following reasons, we affirm defendant’s convictions and sentences.

Facts and Procedural History

Because defendant’s convictions were the result of guilty pleas, the facts underlying the crimes of conviction are not fully developed in the record. Thus, the following facts were gleaned from the testimony presented at the suppression hearing. According to Jefferson Parish Sheriffs officers, on December 3, 2014, Albert Stokes, Jr. was observed making hand-to-hand drug transactions in Jefferson Parish. Further, when officers attempted to arrest Stokes, he bumped an officer with his car, trapping the officer between two cars. Finally, a search revealed that Stokes had a firearm, specifically, a Rohm .22 caliber handgun, in his possession.

On January 23, 2015, the Jefferson Parish District Attorney filed a three-count bill of information charging Albert Stokes, Jr. in count one, with possession of a firearm by a convicted felon, a violation of La. [1028]*1028R.S. 14:95.1; in count two, possession of cocaine,, a violation of La. R.S. 40:967(0); and in count three, resisting a police officer with the use.of violence or threats of violence, a violation of La. R.S. 14:108.2.

On December 7, 2015, defendant’s motions to suppress statement and evidence were denied. On February 2, 2016, defendant withdrew his pleas of not guilty, and after being advised of his Boykin rights, pled guilty as charged to all three counts. In accordance with the plea agreement, defendant was sentenced on count one to fifteen years at hard labor without benefit of probation, parole, or suspension of sentence; on count two, five years at hard labor; and on count three, three years at hard labor, to run concurrently.

laOn the same date, the State filed a multiple offender bill of information on count two, alleging defendant to be a third felony offender. Defendant stipulated to the multiple offender bill after being advised of his rights. The trial court then vacated defendant’s original sentence on count two and, pursuant to the multiple offender plea agreement, sentenced defendant as a third felony offender under La. R.S. 15:529.1, to ten years imprisonment at hard labor, without benefit of probation or suspension of sentence, to run concurrently to his other sentences.

Thereafter, defendant filed a pro se notice of appeal, which was granted by the trial court on March 23, 2016. Defendant’s appeal follows.

Anders review

Under the procedure adopted by this Court in State v. Bradford, 95-929, pp. 3-1 (La.App. 5 Cir. 6/25/96), 676 So.2d 1108, 1110-11,1 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, 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), 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.2 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) (quotation omitted).

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 [1029]*1029an 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, 96-929, at 4, 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 t>y the court, or grant the motion and appoint substitute appellant counsel. Id.

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 avers defendant was adequately advised of his rights prior to pleading guilty to the underlying charges and stipulating to the multiple bill, ensuring a knowing and intelligent waiver of his rights. She notes that the trial court explained to defendant the statutory range of the penalties for |4his offenses and the sentences he would receive. Appellate counsel maintains defendant was sentenced in accordance with the plea agreements and did not object to the sentences or move for reconsideration, barring defendant from challenging his sentences on appeal.

Appellate counsel has filed a motion to withdraw as attorney of record, which states she has made a conscientious and thorough review of the trial court record and can find no non-frivolous issues to raise on appeal and no rulings of the trial court which would arguably support an appeal. She further states that she has notified defendant of the filing of her motion to withdraw and has advised defendant of his right to file a pro se brief in this appeal. Additionally, this Court sent defendant a letter by certified mail informing him that an Anders brief had been filed and that he had until July 13, 2016, to file a pro se supplemental brief. As of the date of submission, defendant has not filed a brief with this Court.

The State responds that appellate counsel has shown a conscientious and thorough review of the procedural history of the case with references to the record. The State agrees that appellate counsel has “cast an advocate’s eye” over the record and has correctly determined there are no non-frivolous issues to raise on appeal.

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)
Smith v. Robbins
528 U.S. 259 (Supreme Court, 2000)
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. McGee
24 So. 3d 235 (Louisiana Court of Appeal, 2009)
State v. Horton
28 So. 3d 370 (Louisiana Court of Appeal, 2009)
State v. England
38 So. 3d 383 (Louisiana Court of Appeal, 2010)
State v. Washington
916 So. 2d 1171 (Louisiana Court of Appeal, 2005)
State v. Campbell
15 So. 3d 1076 (Louisiana Court of Appeal, 2009)
State v. Bradford
676 So. 2d 1108 (Louisiana Court of Appeal, 1996)
State v. Schaefer
704 So. 2d 300 (Louisiana Court of Appeal, 1997)
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. Robinson
186 So. 3d 1269 (Louisiana Court of Appeal, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
205 So. 3d 1025, 16 La.App. 5 Cir. 292, 2016 La. App. LEXIS 2479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-stokes-lactapp-2016.