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State v. Wiley

Court of Appeals of Louisiana, Fifth Circuit

April 12, 2017

STATE OF LOUISIANA
v.
AHMAD WILEY

         ON 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. White.

          Panel composed of Susan M. Chehardy, Fredericka Homberg Wicker, and Marc E. Johnson

         FHW

         SMC

         MEJ

          FREDERICKA HOMBERG WICKER, JUDGE

         Defendant, 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[1] 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.

         STATEMENT OF THE CASE

         On 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.[2]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.

         FACTUAL BACKGROUND

         Defendant 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 ...

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