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State v. Carroll

Court of Appeals of Louisiana, Fifth Circuit

June 29, 2017

STATE OF LOUISIANA
v.
MATTHEW C. CARROLL

         ON 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. Shute.

          COUNSEL FOR DEFENDANT/APPELLANT, MATTHEW C. CARROLL Gwendolyn K. Brown.

          Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and Jude G. Gravois

         AFFIRMED

         FHW

         SMC

         JGG

          FREDERICKA HOMBERG WICKER JUDGE.

         After 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.

         STATEMENT OF THE CASE

         On July 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.

         On 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.[1] 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.

         Defendant's 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.

         On the 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 hard ...


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