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State v. Barr

Court of Appeals of Louisiana, Fifth Circuit

April 12, 2017

STATE OF LOUISIANA
v.
CHRISTOPHER L. BARR

         ON 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 PRESIDING

          COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D. Connick, Jr. Terry M. Boudreaux Gail D. Schlosser Rhonda J. Goode-Douglas.

          COUNSEL FOR DEFENDANT/APPELLANT, CHRISTOPHER L. BARR Bertha M. Hillman.

          Panel composed of Robert M. Murphy, Stephen J. Windhorst, and Hans J. Liljeberg

         RMM

         SJW

         HJL

          ROBERT M. MURPHY, JUDGE

         Defendant, 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.

         STATEMENT OF THE CASE

         On 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.[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.[2] 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.

         FACTS

         Because 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.

         ANDERS ...


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