from the Twenty Sixth Judicial District Court for the Parish
of Bossier, Louisiana Lower Court Case No. 211587 Honorable
Jeff Cox, Judge
J. ELLIS, III Counsel for Appellant Louisiana Appellate
SCHUYLER MARVIN Counsel for Appellee District Attorney
LANE PITTARD Assistant District Attorney
BROWN, DREW, and LOLLEY, JJ.
criminal appeal arises from the 26th Judicial District Court,
Parish of Bossier Parish, State of Louisiana. The defendant,
Frank Frigge McDonald, pled guilty to attempted distribution
of methamphetamine, and received an agreed-upon sentence of
three years at hard labor. McDonald now appeals. His
appellate counsel has filed a motion to withdraw, together
with a brief pursuant to Anders v. California, 386
U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), alleging that
there are no nonfrivolous issues upon which to base an
appeal. For the following reasons, we grant the motion to
withdraw and affirm McDonald's conviction and sentence.
was charged by bill of information with distribution of
methamphetamine, a Schedule II CDS, in violation of La. R.S.
40:967(A)(1). However, on April 18, 2016, pursuant to a plea
agreement, McDonald appeared and pled guilty to the reduced
charge of attempted distribution of methamphetamine. In
exchange for the guilty plea, the state agreed to a sentence
of three years at hard labor. The state also agreed to
dismiss a separate charge in a different docket number and
not to file a habitual offender bill against McDonald. The
trial court informed him of his constitutional rights
pursuant to Boykin v. Alabama, 395 U.S. 238, 89
S.Ct. 1709, 23 L.Ed.2d 274 (1969), and McDonald stated that
he understood and wished to waive his rights.
factual basis for the plea, the state noted that on July 22,
2014, McDonald sold methamphetamine to a confidential
informant. The informant was wearing a camera which recorded
the sale. McDonald agreed that these facts were substantially
correct. After McDonald waived sentencing delays, the trial
court sentenced him to three years at hard labor, to be
served consecutively to any other sentence, in accordance
with the plea agreement.
the trial court granted McDonald's pro se motion
for appeal and the Louisiana Appellate Project was appointed
to represent him. McDonald's appellate counsel has now
filed a motion to withdraw, together with an Anders
brief, which alleges that he could find no nonfrivolous
issues to raise on appeal. See Anders v. California,
supra; State v. Jyles, 1996-2669 (La.
12/12/97), 704 So.2d 241; State v. Mouton, 1995-0981
(La. 04/28/95), 653 So.2d 1176; and, State v.
Benjamin, 573 So.2d 528 (La.App. 4th Cir. 1990). The
brief outlines the procedural history of the case and the
agreement under which McDonald's guilty plea was entered.
The brief also contains "a detailed and reviewable
assessment for both the defendant and the appellate court of
whether the appeal is worth pursuing in the first
place." Jyles, supra. In addition, the state
filed a letter with this Court agreeing that there are no
nonfrivolous issues to raise on appeal.
counsel also verified mailing copies of the motion to
withdraw and the brief to McDonald, in accordance with
Anders, Jyles, Mouton, and
Benjamin, supra. McDonald did not request the
appellate record or file a pro se brief.
review of this record discloses no nonfrivolous issues and no
rulings which arguably support an appeal. The record shows
that prior to entering his guilty plea, McDonald was properly
advised of his Boykin rights, understood the plea
agreement, and voluntarily pled guilty. Further, McDonald is
precluded from seeking review of his sentence, because it was
imposed in conformity with a plea agreement set forth in the
record at the time of the plea. See La. C. Cr. P.
art. 881.2; State v. ...