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State v. Payne

Court of Appeals of Louisiana, Fifth Circuit

May 17, 2017

STATE OF LOUISIANA
v.
ARTHUR L. PAYNE

         ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 14-2956, DIVISION "A" HONORABLE RAYMOND S. STEIB, JR., JUDGE PRESIDING

          COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D. Connick, Jr. Terry M. Boudreaux Anne M. Wallis.

          COUNSEL FOR DEFENDANT/APPELLANT, ARTHUR L. PAYNE Lieu T. Vo Clark

          Panel composed of Jude G. Gravois, Robert A. Chaisson, and Hans J. Liljeberg

         CONVICTION AFFIRMED; SENTENCE AFFIRMED AS AMENDED; MOTION TO WITHDRAW GRANTED

         HJL

         JGG

         RAC

          HANS J. LILJEBERG JUDGE

         Defendant appeals his conviction and sentence for possession with intent to distribute cocaine. For the following reasons, we affirm defendant's conviction, amend his sentence, and affirm the sentence as amended. We also grant appellate counsel's motion to withdraw as counsel of record.

         PROCEDURAL HISTORY

         On June 6, 2014, the Jefferson Parish District Attorney filed a bill of information charging defendant, Arthur L. Payne, with possession with intent to distribute cocaine, in violation of La. R.S. 40:967(A). On June 18, 2014, a plea of not guilty was entered on his behalf in abstentia. Thereafter, on April 27, 2016, defendant withdrew his plea of not guilty and pleaded guilty as charged. In accordance with the plea agreement, the trial court sentenced defendant to 20 years imprisonment with the Department of Corrections without the benefit of probation, parole, or suspension of sentence. The trial court further ordered that his sentence run concurrently with his sentences in case numbers 14-3039, 14-6035, and 14-2957.[1] Defendant filed an application for post-conviction relief seeking an out-of-time appeal, which was granted by the trial court.

         FACTS

         Because defendant pleaded guilty, the facts were not fully developed at a trial. During the guilty plea colloquy, the State provided the following factual basis for the guilty plea: "[H]ad that matter proceeded to trial, the State was prepared to show that on or about the date listed on the bill information this defendant, within the 24th Judicial District Court, did violate Louisiana Revised Statute 40:967(A), possession with intent to distribute cocaine, within Jefferson Parish." The bill of information provides that the date of the offense was on or about March 25, 2014.

         LAW ...


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