APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 14-3342, DIVISION
"I" HONORABLE NANCY A. MILLER, JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D.
Connick, Jr., Terry M. Boudreaux, Andrea F. Long, Seth W.
COUNSEL FOR DEFENDANT/APPELLANT, MATTHEW C. CARROLL Gwendolyn
composed of Judges Susan M. Chehardy, Fredericka Homberg
Wicker, and Jude G. Gravois
FREDERICKA HOMBERG WICKER JUDGE.
filing an application for post-conviction relief, defendant,
Matthew C. Carroll, received leave to file this out-of-time
appeal arising from his guilty plea to one count of obscenity
in violation of La. R.S. 14:106 and his stipulation to his
status as a second felony offender pursuant to La. R.S.
15:529.1. Defendant's appointed counsel has filed an
appellate brief pursuant to Anders v. California and
has further filed a motion to withdraw as counsel of record.
Defendant has not submitted a pro se supplemental
brief. For the following reasons, we grant defense
counsel's motion to withdraw and affirm defendant's
conviction and sentence.
OF THE CASE
18, 2014, the Jefferson Parish District Attorney's Office
filed a bill of information charging defendant with one count
of obscenity in violation of La. R.S. 14:106. On July 21,
2014, the district court arraigned defendant, and defendant
pled not guilty.
October 22, 2014, defendant withdrew his plea of not guilty
and pled guilty as charged. Prior to entering his guilty
plea, defendant indicated that his attorney had advised him
of his right to a trial by jury or by the Court alone, his
right to confront his accusers and cross-examine witnesses,
and his right against self-incrimination, as required by
Boykin v. Alabama. Both in open court and by signing
the "Acknowledgment of Constitutional Rights and Waiver
of Rights on Entry of a Plea of Guilty" form, defendant
acknowledged that he understood these rights and that, by
entering a plea of guilty, he was waiving these rights.
trial counsel, both in open court and by his signature on the
waiver of rights form, also affirmed that he informed
defendant of these rights and that he was satisfied that
defendant was entering his plea of guilty knowingly,
willingly, intelligently, and voluntarily, knowing all of the
consequences. Thereafter, the district court accepted
defendant's plea as knowing, intelligent, free, and
voluntary. After setting forth the plea agreement in the
record, the district court sentenced defendant in accordance
with the plea agreement to three years imprisonment at hard
labor and to pay fees of $150 to the Indigent Defender Board
and $150 to the Jefferson Parish Sheriff's Office.
same date, pursuant to its plea agreement with defendant, the
State filed a multiple offender bill of information alleging
defendant was a second felony offender. After the district
court reviewed with defendant the rights he would waive by
pleading guilty to the multiple offender bill, defendant pled
guilty to the multiple offender bill, and the district court
accepted his guilty plea as knowingly, intelligently, freely,
and voluntarily made. In accordance with the plea agreement,
the district court vacated defendant's original sentence
for his violation of La. R.S. 14:106, resentenced defendant
as a second felony offender to five years imprisonment at