APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 12-1863, DIVISION
"M" HONORABLE HENRY G. SULLIVAN, JR., JUDGE
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA, Paul D.
Connick, Jr., Terry M. Boudreaux, Thomas J. Butler, James W.
COUNSEL FOR DEFENDANT/APPELLANT, ARTURIO RODRIGUEZ Bertha M.
composed of Judges Susan M. Chehardy, Fredericka Homberg
Wicker, and Jude G. Gravois.
MOTION TO WITHDRAW GRANTED; REMANDED WITH INSTRUCTIONS
G. GRAVOIS JUDGE
Arturio Rodriguez, appeals his convictions and sentences
resulting from guilty pleas to two counts of forcible rape
and two counts of aggravated burglary. His appointed
appellate counsel has filed a brief in conformity with the
procedure outlined in State v. Bradford, 95-929
(La.App. 5 Cir. 6/25/96), 676 So.2d 1108, 1110-11, asserting
that she has thoroughly reviewed the trial court record and
cannot find any non-frivolous issues to raise on appeal.
Accordingly, pursuant to 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
curium), appointed appellate counsel requests permission to
withdraw as counsel of record for defendant. After thorough
review of the record, we agree with counsel's assessment
of the case and accordingly grant the motion to withdraw. We
affirm defendant's convictions and sentences, but remand
the matter for correction of errors patent as noted in our
errors patent review.
April 5, 2012, a Jefferson Parish Grand Jury indicted
defendant, Arturio Rodriguez, with aggravated rape in
violation of La. R.S. 14:42 (count one) and aggravated
burglary in violation of La. R.S. 14:60 (count two). On April
9, 2012, defendant was arraigned and pled not guilty. On
April 11, 2012, defendant filed omnibus motions that were set
for a hearing. Thereafter, in October of 2012, a Jefferson
Parish Grand Jury returned a superseding bill of indictment
charging defendant with two counts of aggravated rape in
violation of La. R.S. 14:42 (counts one and three) and two
counts of aggravated burglary in violation of La. R.S. 14:60
(counts two and four). On October 30, 2012, defendant
appeared for arraignment and entered a plea of not guilty as
to counts three and four only.
August 12, 2014, the Jefferson Parish District Attorney
amended the indictment as to counts one and three to allege
forcible rape in violation of La. R.S. 14:42.1. On that same
date, defendant withdrew his previously entered plea of not
guilty as to both of his cases and pled guilty as charged to
all counts. As to counts one and three, the trial
court sentenced defendant to forty years at hard labor on
each count, with the sentences to run concurrently with each
other and with any other sentence defendant was serving. The
first two years of defendant's sentences were to be
served without the benefit of probation, parole, or
suspension of sentence. As to counts two and four, defendant
was sentenced to thirty years at hard labor on each count,
with those sentences to also run concurrently with each other
and with any other sentence defendant was serving. Defendant
was also ordered to register as a sex offender for the
remainder of his life.
27, 2016, defendant filed a uniform application for
post-conviction relief requesting an out-of-time appeal,
arguing that he was denied a direct appeal. On June 29, 2016,
the trial court granted defendant an out-of-time appeal.
Defendant's appeal follows.
defendant pled guilty, the underlying facts were not fully
developed at a trial. In the amended indictment, the State
alleged that on February 7, 2009, defendant violated La. R.S.
14:42.1 in that he did forcibly rape a known female (D.O.B.
9/9/1981) (count one) and violated La. R.S. 14:60 in that he
did commit aggravated burglary of 1924 Faith Place, Apartment
A, Gretna, Louisiana, belonging to a known female (D.O.B.
9/9/1981) (count two). It further alleged that on March 8,
2009, defendant violated La. R.S. 14:42.1 in that he did
forcibly rape a known female (D.O.B. 8/5/1977) (count three)
and violated La. R.S. 14:60 in that he did commit aggravated
burglary of 1912 South Forest Lawn, Apartment A, in Gretna,
belonging to a known female (D.O.B. 8/5/1977) (count four).
during the colloquy, defendant stated that on February 7,
2009, within Jefferson Parish, he forced his victim to have
sex with him "[b]y threats and such" and moved her
from one room of the residence to another without her desire
to be moved when he did not have the authority to enter the
residence. Also during the colloquy, defendant admitted that
on March 8, 2009, within Jefferson Parish, he entered a
residence without authority armed with a shotgun with which
he threatened the victim and had sexual intercourse with the
the procedure adopted by this Court in State v. Bradford,
supra, 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, pursuant to Anders v. California,
supra, and State v. Jyles, ...