APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 14-3039, 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 ON COUNT ONE AFFIRMED; SENTENCE ON COUNT
TWO AFFIRMED AS AMENDED; MOTION TO WITHDRAW GRANTED
appeals his convictions and sentences for two counts of
distribution of cocaine within 2, 000 feet of a playground.
For the following reasons, we affirm defendant's
convictions on both counts and his enhanced sentence on count
one. We amend his sentence on count two and affirm the
sentence as amended. We also grant appellate counsel's
motion to withdraw as counsel of record.
10, 2014, the Jefferson Parish District Attorney filed a bill
of information charging defendant, Arthur L. Payne, with two
counts of possession with intent to distribute cocaine within
2, 000 feet of a playground, in violation of La. R.S.
40:981.3. Defendant entered a plea in absentia of not guilty
at his arraignment on June 18, 2014. On February 29, 2016,
the State amended the bill of information on both counts to
charge defendant with distribution of cocaine within 2, 000
feet of a playground, in violation of La. R.S.
on April 27, 2016, defendant withdrew his pleas of not guilty
and pleaded guilty to the charges in the amended bill of
information. In accordance with the plea agreement, the trial
court sentenced defendant to 22½ years imprisonment
with the Department of Corrections on count one and to 20
years imprisonment with the Department of Corrections on
count two, with both sentences to be served without benefit
of probation, parole, or suspension of sentence. The trial
court also ordered that defendant's sentences run
concurrently with each other and with his sentences in case
numbers 14-2956, 14-6035, and 14-2957.
April 27, 2016, the State filed a multiple bill of
information alleging defendant to be a second felony offender
on count one, to which defendant stipulated. On the same
date, the trial court vacated the original sentence on count
one and resentenced defendant under the multiple bill statute
to 22½ years imprisonment with the Department of
Corrections without benefit of probation or suspension of
sentence. The trial court ordered that defendant's
enhanced sentence run concurrently with his sentence on count
two and with his sentences in case numbers 14-2956, 14-6035,
and 14-2957. Defendant filed an application for
postconviction 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 pleas:
[H]ad this matter proceeded to trial, the State was prepared
to show that on or about the date listed on the bill of
information this defendant, within the 24th
Judicial District Court, did violate Louisiana Revised
Statute 40:967(C), distribution of cocaine, Judge, and
that's more properly under 40:981.3. That's
distribution of C.D.S. within 2, 000 feet of a playground.
amended bill of information provides that the dates of the
offenses were March 20, 2014, for count one ...