State v. Taylor

236 So. 3d 1281
CourtLouisiana Court of Appeal
DecidedDecember 27, 2017
DocketNO. 17–KA–396
StatusPublished

This text of 236 So. 3d 1281 (State v. Taylor) 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. Taylor, 236 So. 3d 1281 (La. Ct. App. 2017).

Opinion

LILJEBERG, J.

Defendant, Jamal C. Taylor, appeals his convictions and sentences for three counts of possession of a firearm by a convicted felon and one count of possession with intent to distribute cocaine. For the following reasons, we affirm defendant's convictions. In addition, we affirm defendant's sentence imposed with respect to his conviction for possession with intent to distribute cocaine. Because we find the district court imposed indeterminate sentences with respect to each of the three counts of possession of a firearm by a convicted felon, we vacate defendant's sentences for these counts and remand for resentencing in a manner consistent with this opinion. Further, we grant appellate counsel's motion to withdraw as counsel of record for defendant.

PROCEDURAL HISTORY

On May 10, 2012, a Jefferson Parish Grand Jury returned a multi-count indictment charging defendant with five counts of possession of a firearm by a convicted felon in violation of La. R.S. 14:95.1 (counts two, three, five, seven, and nine), *1284one count of attempted second degree murder in violation of La. R.S. 14:27 and La. R.S. 14:30.1 (count four), one count of second degree murder in violation of La. R.S. 14:30.1 (count six), and one count of possession with intent to distribute cocaine in violation of La. R.S. 40:967(A) (count ten). Defendant pleaded not guilty at his arraignment on May 11, 2012.1

Defendant filed several motions during the pre-trial proceedings. On August 10, 2012, defendant filed omnibus motions to suppress his confession, identification and physical evidence. No hearing was conducted on these omnibus motions. On March 14, 2013, defendant filed motions to sever the trials of the defendants and the offenses filed against him, which the district court denied on May 28, 2013. On April 23, 2013, defendant filed a motion to quash the five counts of possession of a firearm by a convicted felon, arguing that La. R.S. 14:95.1 was unconstitutional. The district court granted the motion to quash and found these counts unconstitutional on May 28, 2013. The State filed an appeal to the Louisiana Supreme Court, which reversed the ruling granting the motion to quash in State v. Eberhardt , 13-2306, 14-209 (La. 7/1/14), 145 So.3d 377.2

On September 14, 2015, defendant filed a motion to recuse the prosecutor, which the district court denied on January 14, 2016. On February 23, 2017, the district court denied defendant's reurged motion to sever the defendants and offenses. On March 16, 2017, defendant filed a motion to declare La. C.Cr.P. art. 782(A) unconstitutional because it permits non-unanimous jury verdicts for felony charges, and a motion in limine to exclude autopsy photos. On March 17, 2017, the district court denied the motion contesting the constitutionality of La. C.Cr.P. art. 782(A), but granted in part the motion to exclude certain autopsy photos.

On March 20, 2017, the parties began jury selection. On the following day, defendant agreed to enter into a plea agreement. The State entered a nolle prosequi on the attempted second degree murder charge (count four) and second degree murder charge (count six), as well as two counts of possession of a firearm by a convicted felon (counts five and seven). Defendant withdrew his pleas of not guilty to the remaining counts, and after being advised of his Boykin3 rights, entered pleas of guilty to three counts of possession of a firearm by a convicted felon (counts two, three, and nine) and one count of possession with intent to distribute cocaine (count ten), pursuant to North Carolina v. Alford4 and State v.Crosby .5 In accordance with the plea agreement, the district court sentenced defendant on counts two, three, and nine to 15 years imprisonment at hard labor without the benefit of probation, parole, or suspension of sentence.6 As to count ten, the district *1285court sentenced defendant to 20 years imprisonment at hard labor with the first two years to be served without the benefit of probation, parole, or suspension of sentence. The court further ordered the sentences to run concurrent with each other.

On the same date, the State filed a multiple offender bill of information on count ten, alleging defendant to be a second felony offender. Defendant stipulated to the multiple bill after being advised of his rights. The district court vacated defendant's original sentence on count ten, and pursuant to the multiple offender plea agreement, sentenced defendant as a second felony offender under La. R.S. 15:529.1, to 20 years imprisonment at hard labor, with the first two years to be served without benefits. The court further ordered defendant's enhanced sentence to run concurrent with the other sentences imposed in this case, and recommended defendant participate in any self-help programs available to him.

Following sentencing on March 21, 2017, defendant filed a motion for appeal which was granted by the district court on March 22, 2017. Defendant's appeal follows.

FACTS

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 facts were gleaned from the factual basis provided by the State at the guilty plea proceeding. The State submitted that with regard to counts two, three, and nine, the evidence would have established that on June 21, 2011 (count two), August 2, 2011 (count three), and January 9, 2012 (count nine), defendant violated La. R.S. 14:95.1 by possessing firearms after he was previously convicted of the crime of possession of cocaine in Case No. 04-383 in the United States District Court Eastern District of Louisiana. With respect to count ten, the State alleged the evidence would establish that on January 9, 2012, defendant violated Louisiana R.S. 40:967(A) in that he knowingly possessed cocaine with the intent to distribute.

ANDERS BRIEF

Under the procedure adopted by this Court in State v. Bradford , 95-929 (La. App. 5 Cir. 6/25/96), 676 So.2d 1108, 1110-11,7 appointed appellate counsel filed a brief asserting that counsel thoroughly reviewed the district 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, appointed counsel requests permission to withdraw as counsel of record.

In Anders , supra

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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)
North Carolina v. Alford
400 U.S. 25 (Supreme Court, 1970)
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)
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State v. Mouton
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State v. Jones
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State v. McGee
24 So. 3d 235 (Louisiana Court of Appeal, 2009)
State v. Corzo
896 So. 2d 1101 (Louisiana Court of Appeal, 2005)
State v. Joseph
847 So. 2d 1196 (Supreme Court of Louisiana, 2003)
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. 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)

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Bluebook (online)
236 So. 3d 1281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-taylor-lactapp-2017.