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State v. Stiller

Court of Appeals of Louisiana, Fifth Circuit

July 26, 2017

STATE OF LOUISIANA
v.
MARILYN S. STILLER

         ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 13-4466, DIVISION "E" HONORABLE JOHN J. MOLAISON, JR., JUDGE PRESIDING

          COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D. Connick, Jr. Terry M. Boudreaux Juliet L. Clark.

          COUNSEL FOR DEFENDANT/APPELLANT, MARILYN S. STILLER Davidson S. Ehle, III.

          Panel composed of Judges Susan M. Chehardy, Jude G. Gravois, and Stephen J. Windhorst.

         CONVICTION AND SENTENCE AFFIRMED; REMANDED WITH INSTRUCTIONS

         SMC

         JGG

         WINDHORST, J., DISSENTS WITH REASONS

         SJW

          SUSAN M. CHEHARDY CHIEF JUDGE.

         Defendant, Marilyn S. Stiller, appeals her conviction of and sentence for exploitation of an infirmed person. For the reasons that follow, we affirm defendant's conviction and sentence.

         STATEMENT OF THE CASE

         On September 3, 2013, the Jefferson Parish District Attorney filed a bill of information charging defendant, Marilyn S. Stiller, with theft of the assets of a person who is aged, a violation of La. R.S. 14:67.21(C)(1). Defendant was arraigned and pled not guilty. On March 17, 2014, the Jefferson Parish District Attorney filed a superseding bill of information charging defendant with exploitation of an "infirmed person" in violation of La. R.S. 14:93.4. Defendant was arraigned on this charge and pled not guilty.

         On May 14, 2014, defendant withdrew her not guilty plea and pleaded guilty under La. C.Cr.P. art. 893 and North Carolina v. Alford[1] to exploitation of an "elderly person" in violation of La. R.S. 14:93.4. That same date, the court deferred imposition of sentence and placed defendant on two years of active probation, followed by three years of inactive probation. Following a restitution hearing on June 23, 2014, the court ordered defendant to pay restitution in the amount of $52, 710.20.

         On May 13, 2016, defendant filed a pro se application for post-conviction relief (APCR) raising claims of ineffective assistance of counsel, newly discovered evidence, and perjury. On June 1, 2016, the court dismissed defendant's APCR without prejudice and permitted defendant to file an APCR requesting an out-of-time appeal within thirty days. On June 30, 2016, defendant, through counsel, filed an APCR seeking an out-of-time appeal that the court granted on July 20, 2016.

         FACTS

         Because defendant pled guilty, the underlying facts were not developed at trial. Yet, during defendant's plea colloquy, ...


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