APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 11-2048, 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
G. GRAVOIS JUDGE.
Arturio Rodriguez, appeals his conviction and sentence
resulting from a guilty plea to carnal knowledge of a
juvenile. 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 also affirm defendant's
conviction and sentence.
April 27, 2011, the Jefferson Parish District Attorney filed
a bill of information charging defendant, Arturio Rodriguez,
with carnal knowledge of a juvenile in violation of La. R.S.
14:80. Defendant pled not guilty at his
arraignment on May 5, 2011. On June 3, 2011, defendant filed
omnibus motions that were set for a hearing, but were never
heard. On August 12, 2014, defendant withdrew his not guilty
plea and pled guilty as charged. That same date, the trial
court sentenced defendant to ten years imprisonment at hard
labor, to run concurrently with any other sentence defendant
might be serving. Defendant was ordered to register as a sex
offender for fifteen years and to comply with the
requirements of registration and notification pursuant to La.
27, 2016, defendant filed a uniform application for
post-conviction relief and requested an out-of-time appeal in
district court case number 12-1863, arguing that he was
denied a direct appeal. On June 29, 2016, the trial court
granted defendant an out-of-time appeal in district court
case number 12-1863. Thereafter, on November 10, 2016, upon
motion of appellate counsel and after review of the record in
16-KA-606, this Court discovered that defendant's
petition requesting an out-of-time appeal in district court
case number 12-1863 also included his instant conviction for
carnal knowledge of a juvenile. Accordingly, this Court
construed defendant's petition filed in district court
case number 12-1863 to be a timely request for an out-of-time
appeal in the instant matter and ordered that the trial court
consider and rule, within twenty days of its order, ...