APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 15-5660, DIVISION
"P" HONORABLE LEE V. FAULKNER, JR., JUDGE PRESIDING
MOTION TO WITHDRAW GRANTED
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D.
Connick, Jr., Terry M. Boudreaux
COUNSEL FOR DEFENDANT/APPELLANT, SEAN A. BYERS, Bruce G.
composed of Fredericka Homberg Wicker, Jude G. Gravois, and
Hans J. Liljeberg
Sean A. Byers, appeals his conviction and sentence for
pornography involving juveniles under the age of thirteen.
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.
HISTORY AND FACTS
September 29, 2015, the Jefferson Parish District Attorney
filed a bill of information charging defendant, Sean A.
Byers, with pornography involving juveniles under the age of
thirteen, in violation of La. R.S. 14:81.1. Defendant was
arraigned on September 30, 2015 and pled not guilty. On May
19, 2016, the trial judge denied defendant's motions to
suppress statement and evidence after a hearing. On June 6,
2016, defendant withdrew his not guilty plea and pled guilty
as charged. On that same date, the trial judge sentenced
defendant to imprisonment at hard labor for ten years without
the benefit of probation, parole, or suspension of sentence.
The trial judge ordered that the sentence would run
concurrently with any other sentences defendant may be
serving at that time. He also notified defendant of the sex
offender and child predator registration requirements. On
July 12, 2016, defendant filed a motion for an out-of-time
appeal, which was granted on July 22, 2016.
defendant pled guilty, the underlying facts were not fully
developed at a trial. Nevertheless, the State alleged in the
bill of information that on or about August 6, 2015,
defendant, in the Parish of Jefferson, violated La. R.S.
14:81.1, in that he committed pornography involving juveniles
by the intentional possession of any photographs, films,
videotapes, or other visual reproductions of any sexual
performance involving a child under the age of thirteen.
Also, the State gave a factual basis for the charge during
the guilty plea colloquy, namely, that if this matter had
gone to trial, the State would have proven beyond a
reasonable doubt that on August 6, 2015, within the Parish of
Jefferson, defendant violated La. R.S. 14:81.1, in that ...