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State v. Landry

Court of Appeal of Louisiana, Fifth Circuit

February 25, 2015

STATE OF LOUISIANA
v.
OTIS J. LANDRY

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA. NO. 13-3229, DIVISION " B" . HONORABLE CORNELIUS E. REGAN, 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 THE STATE OF LOUISIANA.

CHARLES M. STEVENSON, ATTORNEY AT LAW, Covington, Louisiana, COUNSEL FOR DEFENDANT/APPELLANT.

Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and Hans J. Liljeberg.

OPINION

HANS J. LILJEBERG, J.

Page 837

[14-538 La.App. 5 Cir. 2] Retained counsel for defendant-appellant filed a motion to withdraw pursuant to Anders v. California, infra, relative to defendant's convictions and sentences for La. R.S. 14:95.1, La. R.S. 14:95(E), and La. R.S. 40:1792. For the following reasons, we dismiss the appeal.

Discussion

Defendant-Appellant, Otis J. Landry, pleaded guilty as charged under State v. Crosby, 338 So.2d 584 (La. 1976) to count one, felon in possession of a firearm in violation of La. R.S. 14:95.1; count two, possession of a firearm while in possession of a controlled dangerous substance, to wit: marijuana in violation of La. R.S. 14:95(E); and count three, possession of an unidentifiable firearm in violation of La. R.S. 40:1792. Prior to pleading guilty, defendant filed two separate motions to quash the bill of information alleging La. R.S. 14:95.1 and La. R.S. 14:95(E) were unconstitutional, which the trial court denied.

Thereafter, the trial court sentenced defendant-appellant to ten years imprisonment at hard labor on counts one and two, and five years imprisonment at hard labor on count three, all to be served without benefit of probation, parole, or suspension of sentence and to run concurrently with one another.

[14-538 La.App. 5 Cir. 3] Defendant-Appellant, through retained counsel, Charles M. Stevenson, moved for and was granted an appeal in the above-entitled

Page 838

matter on February 11, 2014. Retained counsel filed an appeal brief in this Court and the matter was docketed.

In his brief, pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967) and State v. Benjamin, 573 So.2d 528 (La.App. 4 Cir. 1990), retained counsel requested this Court to independently review the record for errors patent and specifically requested that this Court " review the following potential assignments of error: (1) whether the trial court erred by improperly denying appellant's Motion to Quash R.S. 14:95.1; and (2) whether the trial court erred by improperly denying appellant's Motion to Quash R.S. 14:95.E." Retained counsel further ...


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