APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 14-5518, DIVISION
"C" HONORABLE JUNE B. DARENSBURG, JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D.
Connick, Jr. Terry M. Boudreaux.
COUNSEL FOR DEFENDANT/APPELLANT, AHMAD WILEY Prentice L.
composed of Susan M. Chehardy, Fredericka Homberg Wicker, and
Marc E. Johnson
FREDERICKA HOMBERG WICKER, JUDGE
Ahmad Wiley, appeals his convictions and sentences for
manslaughter and obstruction of justice. Defendant's
appointed appellate counsel has filed an appellate brief
pursuant to Anders v. California and has further
filed a motion to withdraw as counsel of record. For the
following reasons, we affirm defendant's convictions and
grant counsel's motion to withdraw. However, an error
patent review reflects that the trial court imposed
indeterminate sentences. Accordingly, we vacate
defendant's sentences and remand this matter to the trial
court for resentencing.
OF THE CASE
December 18, 2014, a Jefferson Parish Grand Jury indicted
defendant with second degree murder in violation of La. R.S.
14:30.1 (count one) and obstruction of justice in violation
of La. R.S. 14:130.1 (count two). On January 8, 2015,
defendant was arraigned and pled not guilty to the charges
against him.Subsequently, in connection with a plea
agreement, the State amended count one of the indictment to
charge defendant with manslaughter in violation of La. R.S.
14:31. On June 24, 2016, defendant withdrew his not guilty
pleas and pled guilty to the amended manslaughter charge and
the obstruction of justice charge. On the same date, the
trial court sentenced defendant to twenty-five years
imprisonment at hard labor on count one and twenty years
imprisonment at hard labor on count two. Defendant filed a
timely motion for appeal.
pled guilty without proceeding to trial, but the State
provided the following factual basis for each charge during
defendant's guilty plea colloquy:
If the State would proceed to trial, it would prove beyond a
reasonable doubt that the defendant, Ahmad Wiley, on
September the 11th, 2014, while in Jefferson Parish, violated
La. R.S. 14:31 in that he committed the manslaughter of
Alontay Simmons. Furthermore…defendant violated La.
R.S. 14:130.1 in that he intentionally removed a firearm from
the location of that incident having good reason to believe