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
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.
composed of Judges Susan M. Chehardy, Jude G. Gravois, and
Stephen J. Windhorst.
AND SENTENCE AFFIRMED; REMANDED WITH INSTRUCTIONS
J., DISSENTS WITH REASONS
M. CHEHARDY CHIEF JUDGE.
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.
OF THE CASE
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.
14, 2014, defendant withdrew her not guilty plea and pleaded
guilty under La. C.Cr.P. art. 893 and North Carolina v.
Alford 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.
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
defendant pled guilty, the underlying facts were not
developed at trial. Yet, during defendant's plea