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State v. Eiermann

Court of Appeals of Louisiana, Fifth Circuit

June 29, 2017

STATE OF LOUISIANA
v.
MISTY EIERMANN

         ON 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 PRESIDING

          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. Brown.

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

         CONVICTIONS AFFIRMED; SENTENCES AFFIRMED AS AMENDED; MOTION TO WITHDRAW GRANTED; REMANDED

         FHW

         SMC

         JGG

          FREDERICKA HOMBERG WICKER JUDGE.

         Defendant, 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.

         STATEMENT OF THE CASE

         On 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).[1] Defendant was arraigned the next day and pled not guilty.[2]

         On 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.[3] This appeal follows.

         FACTUAL ...


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