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
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
composed of Jude G. Gravois, Robert A. Chaisson, and Hans J.
AFFIRMED; SENTENCE AFFIRMED AS AMENDED; MOTION TO WITHDRAW
J. LILJEBERG JUDGE
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.
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. Defendant filed an application for
post-conviction relief seeking an out-of-time appeal, which
was granted by the trial court.
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.