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State v. Modica

Court of Appeals of Louisiana, Fifth Circuit

February 8, 2017

STATE OF LOUISIANA
v.
RYAN JOSEPH MODICA

         ON APPEAL FROM THE FORTIETH JUDICIAL DISTRICT COURT PARISH OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA NO. 15, 224, DIVISION "C" HONORABLE J. STERLING SNOWDY, JUDGE PRESIDING

          COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Bridget A. Dinvaut Orenthal J. Jasmin

          COUNSEL FOR DEFENDANT/APPELLANT, RYAN JOSEPH MODICA Gwendolyn K. Brown Margaret S. Sollars

          Panel composed of Marc E. Johnson, Robert M. Murphy, and Stephen J. Windhorst.

         AFFIRMED; MOTION TO WITHDRAW GRANTED

         SJW

         MEJ

         RMM

          STEPHEN J. WINDHORST JUDGE.

         Defendant, Ryan Joseph Modica, pled guilty to second degree battery, in violation of La. R.S. 14:34.1. In accordance with a plea agreement, the trial judge sentenced defendant to four years with the Department of Corrections and ordered that his sentence run concurrently with any other sentence he was serving. This appeal followed.[1] For the following reasons, we affirm defendant's conviction and sentence.

         Defendant pled guilty and thus, the facts were not fully developed at trial. However, in the bill of information, the State alleged that on or about May 18, 2015, defendant committed a battery upon Kelvin Jones without his consent with the intention of inflicting serious bodily injury. Also, during the guilty plea colloquy, the trial judge questioned defendant concerning the "factual circumstances surrounding the battery" and ascertained that defendant on May 18, 2015, did commit a second degree battery.

         Under the procedure adopted by this Court in State v. Bradford, 95-929 (La.App. 5 Cir. 6/25/96), 676 So.2d 1108, 1110-11, appointed appellate counsel has filed a brief asserting that she has thoroughly reviewed the trial court record and cannot find any non-frivolous issues to raise on appeal. Accordingly, appointed counsel requests permission to withdraw as counsel of record.

         After receiving appellant counsel's brief and motion to withdraw, this Court performed a full examination of the entire appellate court record to determine whether the appeal is frivolous in accordance with 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).

         Our independent review of the record in this case consisted of (1) a review of the bill of information to ensure that defendant was properly charged; (2) a review of all minute entries to ensure that defendant was present at all crucial stages of the proceedings and that the conviction and sentence are legal; and (3) a review of the guilty plea and sentencing transcript to determine if there was an arguable basis for ...


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