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State v. Vance

Court of Appeals of Louisiana, Fifth Circuit

August 30, 2017

STATE OF LOUISIANA
v.
ARNOLD H. VANCE

         ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 14-2790, DIVISION "O" HONORABLE DANYELLE M. TAYLOR, JUDGE PRESIDING

          COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D. Connick, Jr. Terry M. Boudreaux Thomas J. Butler.

          COUNSEL FOR DEFENDANT/APPELLANT, ARNOLD H. VANCE Jane L. Beebe.

          DEFENDANT/APPELLANT. Arnold Vance In Proper Person.

          Panel composed of Judges Robert M. Murphy, Stephen J. Windhorst, and Hans J. Liljeberg.

          ROBERT M. MURPHY JUDGE.

         Defendant, Arnold Vance, appeals his conviction and sentence for first degree robbery. For the reasons that follow, we affirm the conviction and sentence and remand with instructions. We further grant appellate counsel's motion to withdraw as attorney of record.

         STATEMENT OF THE CASE

         On July 28, 2014, the Jefferson Parish District Attorney's office ("the State") filed a bill of information charging defendant with one count of first degree robbery in violation of La. R.S. 14:64.1. On July 29, 2014, defendant pled not guilty at arraignment. On March 24, 2015, defendant withdrew his not guilty plea, pled guilty as charged, and was sentenced to eight years imprisonment at hard labor without benefit of probation, parole, or suspension of sentence. On January 20, 2017, defendant was granted an out-of-time appeal. The instant appeal follows.

         FACTS

         Because the instant conviction was a result of a guilty plea, the underlying facts were not fully developed at trial. However, at the time of defendant's guilty plea, the State provided the following factual basis:

[S]hould this case proceed to trial, the State has sufficient evidence to demonstrate beyond a reasonable doubt that Arnold Vance committed the felony offense of first degree robbery in that he led the victim to reasonably believe he was armed with a dangerous weapon to facilitate the robbery; that robbery occurred on May 25th, 2014, within the confines of Jefferson Parish, Louisiana.

         ANDERS BRIEF

         Under the procedure adopted by this Court in State v. Bradford, 95-929, pp. 3-4 (La.App. 5 Cir. 6/25/96), 676 So.2d 1108, 1110-11, [1] appointed appellate counsel has filed a brief 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, ...


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