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State v. Guinn

Court of Appeal of Louisiana, Third Circuit

November 5, 2014

STATE OF LOUISIANA
v.
KERRY M. GUINN

APPEAL FROM THE THIRTY-THIRD JUDICIAL DISTRICT COURT, PARISH OF ALLEN, NO. CR-2013-2478. HONORABLE PATRICIA C. COLE, DISTRICT JUDGE.

H. Todd Nesom, District Attorney, Thirty-Third Judicial District Court, Joe Green, Assistant District Attorney, Thirty-Third Judicial District Court, Oberlin, LA, COUNSEL FOR APPELLEE: State of Louisiana.

Paula C. Marx, Louisiana Appellate Project, Lafayette, LA, COUNSEL FOR APPELLANT: Kerry M. Guinn.

Court composed of Jimmie C. Peters, Elizabeth A. Pickett, and Shannon J. Gremillion, Judges.

OPINION

[14-678 La.App. 3 Cir. 1] GREMILLION, Judge.

On January 3, 2014, Defendant, Kerry M. Guinn, was found in possession of cocaine, hydrocodone, and paraphernalia. Defendant was charged with possession of a Schedule II controlled dangerous substance (CDS), a violation of La.R.S. 40:967(C)(2); possession of a Schedule III CDS, a violation of La.R.S. 40:968(C); and possession of drug paraphernalia, first offense, violations of La.R.S. 40:1023(C) and 40:1025, on July 24, 2013. Defendant originally entered a plea of not guilty to all charges, but he changed his plea to no contest for possession of a Schedule II CDS (cocaine) on January 14, 2014. The State agreed not to charge Defendant as a habitual offender, and it dismissed the remaining charges. Defendant waived his right to appeal.

In sentencing Defendant, the trial court found that Defendant had five prior convictions and sentenced him to three years at hard labor with credit for time served and payment of court costs, including an additional $100 for the D.A.R.E. program. The sentence is to run " consecutive to any time backing up."

Prior to the plea, Defendant filed a motion to suppress items seized during a warrantless search of his room at the Oakdale Inn. He admitted that he signed a consent to search form. The trial court found Defendant's consent to search was freely and voluntarily given, and it denied the motion.

Appellate counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), alleging no non-frivolous issues exist on which to base an appeal and seeking to withdraw as Defendant's counsel. We grant counsel's motion to withdraw and affirm Defendant's conviction and sentence.

[14-678 La.App. 3 Cir. 2] ANDERS ANALYSIS

In State v. Benjamin, 573 So.2d 528 (La.App. 4 Cir. 1990), the fourth circuit explained the analysis based on Anders, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493:

When appointed counsel has filed a brief indicating that no non-frivolous issues and no ruling arguably supporting an appeal were found after a conscientious review of the record, Anders requires that counsel move to withdraw. This motion will not be acted on until this court performs a thorough independent review of the record after providing the appellant an opportunity to file a brief in his or her own behalf. This court's review of the record will consist of (1) a review of the bill of information

Page 1074

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. Under C.Cr.P. art. 914.1(D) this Court will order that the appeal record be ...

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