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State v. Martin

Court of Appeals of Louisiana, Fifth Circuit

February 8, 2017

STATE OF LOUISIANA
v.
JASMOND L. MARTIN

         ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 13-195, DIVISION "H" HONORABLE GLENN B. ANSARDI, JUDGE PRESIDING

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

          COUNSEL FOR DEFENDANT/APPELLANT, JASMOND L. MARTIN Jane L. Beebe

          Panel composed of Susan M. Chehardy, Marc E. Johnson, and Robert A. Chaisson

         AFFIRMED.

         SMC

         MEJ

         RAC

          SUSAN M. CHEHARDY, CHIEF JUDGE

         On appeal, defendant's appointed appellate counsel has filed an Anders brief on defendant's behalf, asserting there is no basis for a non-frivolous appeal. For the following reasons, we affirm defendant's conviction and sentence.

         Facts and Procedural History

         Because defendant entered a guilty plea, the underlying facts were not fully developed in the record. Nevertheless, on July 10, 2013, the State filed a bill of information alleging that, on or about July 14, 2012, in Jefferson Parish, defendant violated La. R.S. 14:60 in that he committed aggravated burglary of 2042 Rue Racine St., Marrero, Louisiana, 70072, belonging to Nicole Anderson and/or Jaynesisha Dorsey. Defendant was arraigned on July 11, 2013, and pled not guilty.

         On August 18, 2014, defendant withdrew his plea of not guilty and tendered a plea of guilty as charged. The State agreed not to file a bill of information alleging that defendant was a multiple offender. Afterward, on that same date, the trial judge sentenced defendant to imprisonment at hard labor for twenty-five years to run concurrently with any and all other sentences.

         On August 5, 2016, defendant filed an Application for Post-Conviction Relief (APCR) arguing that his sentence was excessive, that his counsel was ineffective, and that his counsel failed to file a motion for appeal. On August 9, 2016, the trial judge construed defendant's ...


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