APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 15-497, DIVISION
"M" HONORABLE HENRY G. SULLIVAN, JR., JUDGE
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D.
Connick, Jr. Terry M. Boudreaux Gail D. Schlosser Rhonda J.
COUNSEL FOR DEFENDANT/APPELLANT, CHRISTOPHER L. BARR Bertha
composed of Robert M. Murphy, Stephen J. Windhorst, and Hans
M. MURPHY, JUDGE
Christopher Barr, appeals his convictions for possession of
heroin, between 28-200 grams, and possession of Tramadol
without a prescription. Defendant also appeals his sentence
of 20 years as a second felony offender and his concurrent
five year sentence for possession of Tramadol. For the
reasons that follow, we affirm both convictions and
sentences, remand for the correction of the commitment and
uniform commitment order, and we grant appellate
counsel's motion to withdraw as attorney of record.
OF THE CASE
February 9, 2015, the Jefferson Parish District
Attorney's office ("the State") filed a bill of
information charging defendant with one count of possession
of heroin, between 28-200 grams, in violation of La. R.S.
40:966.D. In count two of the bill of information, defendant
was charged with one count of possession of Tramadol without
a prescription, a violation of La. R.S.
40:1238.1. On February 20, 2015, defendant pled not
guilty at arraignment. On January 27, 2016, defendant
withdrew his not guilty plea, pled guilty as charged to both
counts, and was sentenced to 20 years at hard labor on count
one, and five years at hard labor on count two, with both
sentences to run concurrently. Also, on that same date, the
State filed a multiple bill of information that alleged
defendant was a second felony offender, to which defendant
stipulated. Pursuant to a plea agreement, the trial court
vacated the previously imposed sentence for count one, and
resentenced defendant as a multiple offender to 20 years at
hard labor without benefit of probation or suspension of
sentence, with each of defendant's sentences to run
concurrently. On August 31, 2016, defendant filed a
Uniform Application For Post-Conviction Relief seeking an out
of time appeal, which the trial court granted on September 6,
2016. The instant appeal follows.
the instant convictions were a result of guilty pleas, the
underlying facts were not fully developed at trial. The bill
of information in this case alleged that on January 15, 2015,
defendant knowing or intentionally possessed heroin, between
28-200 grams, and also knowingly or intelligently possessed
Tramadol without a prescription. In addition, an "Arrest
Report and Probable Cause Affidavit" in the record
indicates that the offenses took place in Jefferson Parish.