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State v. Reed

Court of Appeal of Louisiana, Fifth Circuit

January 14, 2015

STATE OF LOUISIANA
v.
TIMMIE A. REED

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA. NO. 13-1050, DIVISION " B" . HONORABLE CORNELIUS E. REGAN, JUDGE PRESIDING.

PAUL D. CONNICK, JR., DISTRICT ATTORNEY, TERRY M. BOUDREAUX, ASSISTANT DISTRICT ATTORNEY, Gretna, Louisiana, COUNSEL FOR PLAINTIFF/APPELLEE.

LIEU T. VO CLARK, ATTORNEY AT LAW, Louisiana Appellate Project, Mandeville, Louisiana, COUNSEL FOR DEFENDANT/APPELLANT.

Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and Robert A. Chaisson.

OPINION

Page 858

FREDERICKA HOMBERG WICKER, Judge.

[14-702 La.App. 5 Cir. 2] Defendant, Timmie Reed, appeals his convictions and sentences for manslaughter in violation of La. R.S. 14:31 and attempted second degree murder in violation of La. R.S. 14:27:30.1. Defendant's appointed counsel has filed an appellate brief pursuant to Anders v. California [1] and has further filed a motion to withdraw as counsel of record. For the following reasons, we affirm defendant's convictions and sentences and grant counsel's motion to withdraw.

STATEMENT OF THE CASE

On June 6, 2013, a Jefferson Parish Grand Jury indicted defendant with second degree murder of a known juvenile in violation of La. R.S. 14:30.1 (count one) and attempted second degree murder of L.B.[2] in violation of La. R.S. 14:27 [14-702 La.App. 5 Cir. 3] and La. R.S. 14:30.1 (count two). On June 7, 2013, defendant was arraigned and pled not guilty to the charges.

On April 14, 2014, defendant proceeded to trial. However, following two days of jury selection, defendant withdrew his not guilty pleas and pled guilty to the lesser offense of manslaughter in violation of La. R.S. 14:31 as to count one and to attempted second degree murder as charged as to count two. The trial judge sentenced defendant pursuant to the plea agreement to consecutive sentences of forty years at hard labor without the benefit of probation or suspension of sentence as to count one

Page 859

and to fifty years at hard labor without the benefit of probation, parole, or suspension of sentence as to count two. On June 19, 2014, the trial judge granted defendant's timely pro se motion for appeal and appointed the Louisiana Appellate Project to represent defendant in this appeal.

FACTS

Defendant pled guilty without proceeding to a full trial. During the guilty plea colloquy, defendant admitted his guilt and stated that he did in fact commit manslaughter of the known juvenile, D.B.[3], on February 12, 2013, and the ...


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