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State v. Boyles

Court of Appeal of Louisiana, Fourth Circuit

February 4, 2015

STATE OF LOUISIANA
v.
RICHARD A. BOYLES

Page 1171

APPEAL FROM CRIMINAL DISTRICT COURT ORLEANS PARISH. NO. 518-029, SECTION " H" . HONORABLE CAMILLE BURAS, JUDGE.

AFFIRMED.

LEON A. CANNIZZARO, JR., DISTRICT ATTORNEY OF ORLEANS PARISH, SCOTT G. VINCENT, ASSISTANT DISTRICT ATTORNEY OF ORLEANS PARISH, New Orleans, Louisiana, Counsel for State of Louisiana.

JOSHUA SCHWARTZ, ORLEANS PUBLIC DEFENDERS, New Orleans, Louisiana, Counsel for Defendant/Appellant.

(Court composed of Chief Judge James F. McKay III, Judge Dennis R. Bagneris, Sr., Judge Max N. Tobias, Jr.).

OPINION

JAMES F. MCKAY III, JUDGE

Page 1172

[2014-1126 La.App. 4 Cir. 1] Richard Boyles appeals his guilty plea to being a convicted felon in possession of a firearm and his sentence as a multiple offender, contending that the trial court erred by denying his motion to suppress the evidence. For the reasons set forth below, we affirm his guilty plea and sentence.

STATEMENT OF THE CASE

By bill of information filed on October 29, 2013, the State of Louisiana charged Richard Boyles with being a convicted felon in possession of a firearm. Boyles appeared in court on November 4, 2014, pled not guilty to the charge, and filed several motions, including a motion to suppress the evidence. The court heard the matter and denied the motion on January 16, 2014. Boyles sought relief in this Court from the trial court's denial of his suppression motion; this Court denied writs. State v. Boyles, unpub. 2014-0175 (La.App. 4 Cir. 2/28/14). The Supreme Court also denied Boyles' subsequent writ. State v. Boyles, 2014-0446 (La. 3/10/14), 134 So.3d 1183. On April 14, Boyles withdrew his prior plea of not guilty and pled guilty as charged, reserving his right under State v. Crosby, 338 So.2d 584 (La. 1976), to appeal the court's ruling on his motion to suppress the evidence. Boyles was sentenced to serve ten years at hard labor without benefit of [2014-1126 La.App. 4 Cir. 2] parole, probation, or suspension of sentence. The State filed a multiple bill, charging Boyles as a second offender based upon a different prior offense than that listed in the bill of information in this case. After a hearing on the multiple bill, the court found Boyles to be a second offender. The court vacated the original sentence and sentenced Boyles to serve ten years at hard labor without benefits. Boyles' appeal followed.

STATEMENT OF FACTS

Because the appellant pled guilty, the only facts in the case were adduced at the January 16, 2014 suppression hearing.

Officer Kelli Dunaway testified that she arrested the appellant on September 3, 2013 at the main branch of the public library. She had received a dispatch concerning a suspect who had argued with a woman and pulled a gun at a nearby Walgreens, and the suspect was described as wearing a pink shirt and black pants and carrying a gun. Officer Dunaway spotted the appellant, who was wearing a pink shirt and dark pants, which she indicated fit the description given by dispatch. She called for backup, and when ...


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