APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 15-3376, DIVISION
"A" HONORABLE RAYMOND S. STEIB, JR., JUDGE
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D.
Connick, Jr. Terry M. Boudreaux
COUNSEL FOR DEFENDANT/APPELLANT, JACQUES DUNCAN Prentice L.
White DEFENDANT/APPELLANT, JACQUES DUNCAN In Proper Person
composed of Robert M. Murphy, Stephen J. Windhorst, and Hans
MOTION TO WITHDRAW GRANTED
J. LILJEBERG JUDGE
appeals his conviction and sentence for possession with
intent to distribute cocaine. For the following reasons, we
affirm. We also grant appellate counsel's motion to
withdraw as counsel of record.
2, 2015, the Jefferson Parish District Attorney filed a bill
of information charging defendant, Jacques Duncan, with
possession with intent to distribute cocaine in violation of
La. R.S. 40:967(A). Defendant was arraigned on June 3, 2015,
and he pleaded not guilty. Thereafter, on January 19, 2016,
defendant withdrew his not guilty plea and pleaded guilty as
charged. He was sentenced to imprisonment at hard
labor for 15 years, with two years to be served without the
benefit of parole, probation, or suspension of sentence.
January 19, 2016, the State filed a multiple offender bill of
information alleging defendant to be a second felony
offender, to which defendant stipulated. The trial judge
vacated the original sentence and resentenced defendant under
the multiple bill statute to imprisonment at hard labor for
15 years without the benefit of probation or suspension of
sentence, to run concurrently with the sentence imposed in
case number 15-3377. Defendant filed an application for
post-conviction relief seeking an out-of-time appeal, which
defendant pleaded guilty, the underlying facts were not fully
developed at a trial. In the bill of information, the State
alleged that on or about May 5, 2015, defendant violated La.
R.S. 40:967(A) in that he did knowingly or intentionally
possess with intent to distribute a controlled dangerous
substance, to wit: cocaine. Also, during the colloquy, the
State provided a factual basis for the plea. The State
indicated that if this matter had proceeded to trial, it was
prepared to show that on or about the date listed on the bill
of information, defendant violated La. R.S. 40:967(A) in that
he knowingly or intentionally possessed with the intent to
distribute a controlled dangerous substance, to wit: cocaine.
Defendant acknowledged that the State's factual basis was
accurate and that he was pleading guilty because he was