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State v. Stuart

Court of Appeals of Louisiana, Fifth Circuit

June 30, 2015

STATE OF LOUISIANA
v.
KENDELL STUART

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA. NO. 13-6100, DIVISION " D" . HONORABLE SCOTT U. SCHLEGEL, JUDGE PRESIDING.

PAUL D. CONNICK, JR., DISTRICT ATTORNEY, Twenty-Fourth Judicial District, Parish of Jefferson; TERRY M. BOUDREAUX, ASSISTANT DISTRICT, Gretna, Louisiana, COUNSEL FOR PLAINTIFF/APPELLEE.

BRUCE G. WHITTAKER, ATTORNEY AT LAW, Louisiana Appellate Project, New Orleans, Louisiana, COUNSEL FOR DEFENDANT/APPELLANT.

Panel composed of Judges Fredericka Homberg Wicker, Jude G. Gravois, and Robert A. Chaisson.

OPINION

ROBERT A. CHAISSON, J.

Page 1231

[15-36 La.App. 5 Cir. 2] Defendant, Kendell Stuart, appeals his conviction and sentence for first degree robbery. For the reasons that follow, we affirm defendant's conviction and sentence and grant appellate counsel's motion to withdraw as counsel of record for defendant.

PROCEDURAL HISTORY

On January 9, 2014, the Jefferson Parish District Attorney filed a bill of information charging defendant with first degree robbery, in violation of LSA-R.S. 14:64.1. At his arraignment on January 27, 2014, defendant pled not guilty. Thereafter, on March 20, 2014, defendant withdrew his not guilty plea, and after being advised of his rights, pled guilty as charged. In accordance with the plea agreement, the trial judge sentenced defendant to imprisonment at hard labor for ten years without benefit of parole, probation, or suspension

Page 1232

of sentence. Defendant subsequently filed an application for post-conviction relief, claiming [15-36 La.App. 5 Cir. 3] that he received ineffective assistance of counsel. The trial court treated defendant's application as a request for an out-of-time appeal and granted it.

ANDERS BRIEF

Under the procedure adopted by this Court in State v. Bradford, 95-929 (La.App. 5 Cir. 6/25/96), 676 So.2d 1108, 1110-111, appointed appellate counsel has filed a brief asserting that he has thoroughly reviewed the trial court record and cannot find any non-frivolous issues to raise on appeal. Accordingly, pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967) and State v. Jyles, 96-2669 (La. 12/12/97), 704 So.2d 241 ( per curiam ), appointed counsel requests permission to withdraw as counsel of record for defendant. 1 In Bradford, supra, this Court adopted the procedures outlined in State v. Benjamin, 573 So.2d 528, 530 (La.App. 4 Cir. 1990), which were sanctioned by the Louisiana Supreme Court in State v. Mouton, 95-0981 (La. 4/28/95), 653 So.2d 1176, 1177 ( per curiam ).

When an Anders brief has been filed, an appellate court must conduct an independent review of the record to determine whether the appeal is wholly frivolous. If, after an independent review, the reviewing court determines there are no non-frivolous issues for appeal, it may grant counsel's motion to withdraw and ...


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