APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 14-6035, 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.
J. LILJEBERG JUDGE
appeals his conviction and sentence for possession of 28
grams or more but less than 200 grams of 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.
November 6, 2014, defendant, Arthur L. Payne, was charged in
a bill of information with possession of 28 grams or more but
less than 200 grams of cocaine, in violation of La. R.S.
40:967(F). He pleaded not guilty at his arraignment.
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 also imposed a $50, 000.00 fine and ordered
that his sentence run concurrently with his sentences in case
numbers 14-2956, 14-3039, 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 of
information this defendant, within the 24th
Judicial District Court, did violate Louisiana Revised
Statute 49:967(F) [sic] in that he knowingly or intentionally
possessed a controlled dangerous substance, to wit, cocaine,
the amount being between 28 and 200 grams.
bill information provides that defendant violated La. R.S.
40:967(F) on October 17, 2014.
to the procedure adopted by this Court in State v.
Bradford, 95-929, pp. 3-4 (La.App. 5 Cir. 6/25/96), 676
So.2d 1108, 1110-11,  appointed appellate counsel has filed a
brief asserting that she has thoroughly reviewed the trial
court record and cannot find any non-frivolous issues to
raise on appeal. Accordingly, under Anders v.
California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493
(1967) and State v. Jyles, 96-2669 (La. 12/12/97),
704 So.2d 241 (per curiam), appointed counsel requests
permission to withdraw as counsel of record.
Anders, supra, the United States Supreme
Court stated that appointed appellate counsel may request
permission to withdraw if she finds her case to be wholly
frivolous after a conscientious examination of
The request must be accompanied by "'a brief
referring to anything in the record that might arguably
support the appeal'" so as to provide the reviewing
court "with a basis for determining whether appointed
counsel have fully performed their duty to support their
clients' appeals to the best of their ability" and
to assist the reviewing court "in making the critical
determination whether the appeal is indeed so frivolous that