APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 15-251, DIVISION
"M" HONORABLE HENRY G. SULLIVAN, JR., JUDGE
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D.
Connick, Jr., Terry M. Boudreaux, Darren A. Allemand.
COUNSEL FOR DEFENDANT/APPELLANT, MISTY EIERMANN Gwendolyn K.
composed of Judges Susan M. Chehardy, Fredericka Homberg
Wicker, and Jude G. Gravois
AFFIRMED; SENTENCES AFFIRMED AS AMENDED; MOTION TO WITHDRAW
FREDERICKA HOMBERG WICKER JUDGE.
Misty Eiermann, appeals her convictions and sentences for
manslaughter, obstruction of justice, illegally supplying a
felon with a firearm, possession of a legend drug, and
possession of certain controlled dangerous substances.
Defendant's appointed appellate counsel has filed an
appellate brief pursuant to Anders v. California and
has further filed a motion to withdraw as counsel of record.
For the following reasons, we affirm defendant's
convictions and sentences as amended and grant counsel's
motion to withdraw.
OF THE CASE
January 15, 2015, a Jefferson Parish Grand Jury indicted
defendant, Misty Eiermann, with second degree murder in
violation of La. R.S. 14:30.1 (count one), obstruction of
justice in violation of La. R.S. 14:130.1 (count two),
illegally supplying a felon with a firearm in violation of
La. R.S. 14:95.1.1 (count three), possession of morphine in
violation of La. R.S. 40:967(C) (count five), possession of
Zoloft in violation of La. R.S. 40:1238.1 (count six),
possession of morphine in violation of La. R.S. 40:967(C)
(count seven), and possession of alprazolam in violation of
La. R.S. 40:969(C) (count eight). Defendant was arraigned the
next day and pled not guilty.
April 25, 2016, pursuant to a negotiated plea agreement, the
State amended count one of the indictment to charge defendant
with manslaughter in violation of La. R.S. 14:31. On that
same date, defendant withdrew her not guilty pleas and pled
guilty to the amended charge of manslaughter on count one and
guilty as charged on the remaining counts. Thereafter, on
that same date, the trial judge sentenced defendant to
imprisonment at hard labor for forty years on count one,
imprisonment at hard labor for twenty years on count two, and
imprisonment at hard labor for five years each on counts
three, five, six, seven, and eight, with the sentences on all
counts to run concurrently. This appeal follows.