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State v. Robertson

Court of Appeals of Louisiana, Second Circuit

April 12, 2017

STATE OF LOUISIANA Appellee
v.
ANTHONY D. ROBERTSON Appellant

         Appealed from the Sixth Judicial District Court for the Parish of Madison, Louisiana Lower Court Case No. 161328 Honorable John D. Crigler, Judge

          LOUISIANA APPELLATE PROJECT By: Chad Ikerd Counsel for Appellant

          ANTHONY D. ROBERTSON Pro Se

          JAMES E. PAXTON Counsel for Appellee

          ANITA T. MACK MOLLY F. McEACHARN EDWIN MOBERLEY Assistant District Attorneys

          Before WILLIAMS, MOORE, and PITMAN, JJ.

          WILLIAMS, J.

         The defendant, Anthony D. Robertson, was charged by amended bill of indictment with second degree murder, in violation of La. R.S. 14:30.1, and armed robbery using a firearm, in violation of La. R.S. 14:64 and 14:64.3(A). Following a jury trial, the defendant was found guilty as charged. He was sentenced to serve life in prison, at hard labor, without the benefit of parole, probation or suspension of sentence for the murder conviction; 50 years in prison, at hard labor, without the benefit of parole, probation or suspension of sentence for the armed robbery conviction; and five years in prison, at hard labor, without the benefit of parole, probation or suspension of sentence for the firearm enhancement. All sentences were ordered to be served consecutively. The defendant now appeals.

         The defendant's 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 affirm the defendant's convictions and sentences, and grant defense counsel's motion to withdraw. However, we remand this matter to the trial court for the sole purpose of correcting the Uniform Order of Commitment to reflect that the sentences were ordered to be served consecutively, rather than concurrently.

         FACTS

         On June 18, 2013, at approximately 9:00 p.m., officers from the Madison Parish Sheriff's Office were dispatched to the residence of Gregory Smith, Jr. in reference to a shooting. Upon their arrival, the officers discovered that Smith had been shot multiple times; Smith was pronounced dead at the scene. The police investigation revealed that Smith's live-in girlfriend, Ramona Smith, and their young children were present in the home at the time of the shooting.[1]

         When questioned by the police officers, Ramona made the following statements: she and Smith were watching a basketball game with their children when someone knocked on their front door; Smith told the person to go to the side door because the front door was difficult to open; when the person or persons entered the home, one of the young children saw a gun; she gathered the children in the living room of the home, instructed them to "be quiet" and called 9-1-1;[2] she attempted to whisper to the 9-1-1 operator; the operator was unable to understand her; she sent text messages to her father and her brother, asking them to come to her residence and help her; she heard three gunshots; she took cover and waited for help; her father arrived with another man; her father entered the house, saw Smith's body and called 9-1-1.

         The following morning the investigating officers learned that Susie Robertson ("Robertson") suspected that her brothers, the defendant, Anthony Robertson, and Marcus Robertson ("Marcus"), had been involved in a robbery the previous night. When Robertson was questioned by the police officers, she stated that she overheard the defendant's cellphone conversation, during which he stated that he was going to make a "hit."[3]She also stated that the defendant and Marcus left her residence with their cousin, Fredrick Rone; and approximately one hour after they left, she heard that a murder had been committed.

         Further investigation led the police officers to suspect that the defendant, Marcus, Fredrick Rone, Wilson Bryant and Precious Johnson were involved in the robbery and murder of Smith. They were apprehended and transported to the police department for questioning. Marcus, Rone and Johnson ...


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