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State v. Carroll

Court of Appeals of Louisiana, Fifth Circuit

February 8, 2017

STATE OF LOUISIANA
v.
MATTHEW C. CARROLL

         ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 14-5908, DIVISION "N" HONORABLE STEPHEN D. ENRIGHT, JR., JUDGE PRESIDING

          COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D. Connick, Jr., Terry M. Boudreaux

          COUNSEL FOR DEFENDANT/APPELLANT, MATTHEW C. CARROLL Gwendolyn K. Brown

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

         CONVICTIONS AND SENTENCES AFFIRMED; MOTION TO WITHDRAW GRANTED

         RMM

         MEJ

         SJW

          ROBERT M. MURPHY, JUDGE

         Defendant, Matthew Carroll, appeals his convictions and sentences for battery of a police officer and battery of a correctional facility employee. For the reasons that follow, we affirm both convictions and sentences, and we grant appellate counsel's motion to withdraw as attorney of record.

         STATEMENT OF THE CASE

         On November 6, 2014, the Jefferson Parish District Attorney's office filed a bill of information charging defendant with two counts of battery upon a correctional facility employee, in violation of La. R.S. 14:34.5. Defendant pled not guilty to both charges at his arraignment on December 18, 2014. On February 2, 2015, defendant withdrew his not guilty pleas and pled guilty to an amended charge of battery of a police officer for count one, a violation of La. R.S. 14:34.2, and also pled guilty to battery of a correctional facility employee for count two. As part of his plea agreement, defendant was sentenced by the trial court to six months at hard labor for count one, [1] with credit for time served and six months without benefit of probation or suspension of sentence. Defendant was sentenced to one year at hard labor for count two, without benefit of parole, probation or suspension of sentence. The sentence for count one was ordered to run consecutively to count two. Defendant thereafter filed an application for post-conviction relief, which the trial court converted to an out-of-time appeal on September 8, 2016. This timely appeal follows.

         FACTS

         Because the instant convictions were a result of guilty pleas, the underlying facts of the matter were not fully developed at trial. However, a probable cause affidavit in the record indicates that, while being transferred from an "inmate housing area, ...


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