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State v. Joseph

Court of Appeals of Louisiana, First Circuit

June 2, 2017

STATE OF LOUISIANA
v.
KEITH JOSEPH

         On Appeal from the 18th Judicial District Court In and for the Parish of Iberville State of Louisiana Trial Court No. 291-14 Honorable Alvin Batiste, Judge Presiding

          Richard Ward District Attorney Dana Larpenteur Assistant District Attorney Plaquemine, LA Attorneys for State of Louisiana

          Jane Beebe New Orleans, LA Attorney for Defendant-Appellant, Keith Joseph

          Keith Joseph Farmerville, LA In Proper Person

          BEFORE: HIGGINBOTHAM, THERIOT, AND CHUTZ, JJ.

          HIGGINBOTHAM, J.

         The defendant, Keith Joseph, was charged by bill of information with three counts of attempted second degree murder (counts 1-3), violations of La. R.S. 14:27 and 14:30.1; illegal possession of stolen firearms (count 4), a violation of La. R.S. 14:69.1(A); and possession of a firearm by a convicted felon (count 5), a violation of La. R.S. 14:95.1. He pled not guilty to all counts. Prior to trial, the defendant withdrew his not guilty pleas and, at a Boy kin[1] hearing, entered an Alford plea to aggravated battery on count 1, a violation of La. R.S. 14:34; and an Alford plea to second degree battery on count 2, a violation of La. R.S. 14:34.1. The State dismissed counts 3, 4, and 5. See North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970). The defendant's pleas were also entered pursuant to State v. Crosby, 338 So.2d 584 (La. 1976). For the aggravated battery conviction, the defendant was sentenced to four years imprisonment at hard labor. For the second degree battery conviction, the defendant was sentenced to five years imprisonment at hard labor; the five-year sentence was suspended and the defendant was placed on five years of supervised probation. The defendant now appeals, asserting one pro se assignment of error.

         FACTS

         The following facts were provided by the prosecutor at the Boy kin hearing:

On or about June 18, 2012, in Iberville Parish Mr. Keith Joseph did participate with a one, Gabriel King, in the discharge of a firearm striking a Calvin Trice resulting in Count 1 the aggravated battery on Calvin Trice.
Second count, the State would intend to prove that Keith Joseph did participate with a one, Gabriel King, in the firing of a weapon that did strike a Ron Alexander resulting in the charge of second degree battery.
Mr. Keith Joseph's cases both have been amended to be as principal to those actions.

         ISSUES PRESENTED

         Defense counsel has filed a motion to withdraw from the case. In accordance with the procedures outlined in Anders v. California, 386 US. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); State v. Jyles, 96-2669 (La. 12/12/97), 704 So.2d 241 (per curiam); and State v. Benjamin, 573 So.2d 528 (La.App. 4th Cir. 1990), [2] defense counsel has filed a supporting brief to the motion to withdraw arguing that, after a conscientious and thorough review of the ...


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