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State v. Byers

Court of Appeals of Louisiana, Fifth Circuit

February 8, 2017

STATE OF LOUISIANA
v.
SEAN A. BYERS

         ON 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

         AFFIRMED; MOTION TO WITHDRAW GRANTED

         JGG

         FHW

         HJL

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

          COUNSEL FOR DEFENDANT/APPELLANT, SEAN A. BYERS, Bruce G. Whittaker

          Panel composed of Fredericka Homberg Wicker, Jude G. Gravois, and Hans J. Liljeberg

          G. GRAVOIS, JUDGE

         Defendant, 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.

         PROCEDURAL HISTORY AND FACTS

         On 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.

         Because 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 ...


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