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State v. Gardner

Court of Appeal of Louisiana, Fifth Circuit

November 25, 2014

STATE OF LOUISIANA
v.
FRANK E. GARDNER, II

Editorial Note:

This decision has not designated for publication. It is published in table format in the table format in the Southern Reporter. See Louisiana Rules of Appellate procedure for citation of unpublished opinion.

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA. NO. 13-1819, DIVISION " C" , HONORABLE JUNE B. DARENSBURG , JUDGE PRESIDING.

PAUL D. CONNICK, JR., DISTRICT ATTORNEY, Twenty-Fourth Judicial District, Parish of Jefferson, TERRY M. BOUDREAUX, ASSISTANT DISTRICT ATTORNEY, Gretna, Louisiana, COUNSEL FOR APPELLEE, THE STATE OF LOUISIANA.

GWENDOLYN K. BROWN, ATTORNEY AT LAW, Baton Rouge, Louisiana, COUNSEL FOR APPELLANT, FRANK E. GARDNER, II.

Panel composed of Judges Susan M. Chehardy, Jude G. Gravois, and Stephen J. Windhorst.

OPINION

SUSAN M. CHEHARDY, Judge

[14-322 La.App. 5 Cir. 2] Defendant, Frank E. Gardner, II, seeks review of his felony convictions for possession of a firearm by a convicted felon, in violation of La. R.S. 14:95.1; possession of marijuana, fourth offense, in violation of La. R.S. 40:966(C); and possession of cocaine, in violation of La. R.S. 40:967(C). For the following reasons, we affirm defendant's convictions, multiple offender adjudication, and sentences. In addition, we grant appellate counsel's motion to withdraw.

Facts and Procedural History

Because defendant pled guilty as charged, the facts were not fully developed at a trial. However, the prosecutor provided the following factual basis during the guilty plea colloquy:

Your Honor, if the State had proceeded to trial, it would have proven beyond a reasonable doubt that the defendant, Frank E. Gardner, on March 21, 2013, in the Parish of Jefferson violated Louisiana Revised Statute 14:95.1 in that he did have in possession a firearm; to wit, a Mondial 25 caliber handgun having been previously convicted of the crime of Possession of Marijuana Third Offense in violation of Louisiana Revised Statute [40]:966(C) under Case No. 11-6107 on March 19, 2012 and previously having been convicted of the crime of Possession of Cocaine in violation of Louisiana Revised Statute [40]:967(C)

Page 1021

under Case No. 18640-06 in the 14th Judicial District Court on February 4, 2008.
[14-322 La.App. 5 Cir. 3] Furthermore, it would have proven beyond a reasonable doubt that the defendant, Frank Gardner, violated Louisiana Revised Statute 40:966(C), Possession of Marijuana Fourth Offense in that he did knowingly or intentionally possess a controlled dangerous substance, that substance being marijuana having been previously convicted in the 24th Judicial District Court, Parish of Jefferson of Possession of Marijuana under Case Nos. 05-5563 on May 19, 2006; Possession of Marijuana Second Offense under Case No. 08-6149 on April 3, 2009; ...

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