Appeal from the 22nd Judicial District Court
Parish of St. Tammany, State of Louisiana No. 560702 The
Honorable Allison H. Penzato, Judge Presiding
L. Montgomery, DA Matthew Caplan, ADA Covington, Louisiana
Attorneys for the State of Louisiana
Gwendolyn K. Brown Baton Rouge, Louisiana Attorney for the
Defendant/ Appellant, Thomas Arnold Kendall
Arnold Kendall Angola, Louisiana In Proper Person
BEFORE: GUIDRY, PETTIGREW, AND CRAIN, JJ.
defendant, Thomas A. Kendall, pled guilty as charged to two
counts of pornography involving juveniles and, after
admitting to the allegations of a habitual offender bill of
information, was adjudicated a second-felony habitual
offender as to both counts. See La. R.S. 14:81.1.
The trial court sentenced the defendant to fourteen years
imprisonment at hard labor without the benefit of probation,
parole, or suspension of sentence on each count, to be served
concurrently. We affirm the convictions, habitual offender
adjudications, and sentences, and grant defense counsel's
motion to withdraw.
bill of information charged the defendant with committing two
counts of pornography involving juveniles by possessing
pornography involving juveniles on or between December 16,
2014, and January 16, 2015. When the defendant pled guilty,
the parties stipulated to a factual basis for each count.
brief filed by defense counsel contains no assignments of
error and was filed in accordance With. Anders v.
California, 386 U.S. 738, 744, 87 S.Ct. 1396, 1400, 18
L.Ed.2d 493 (1967), and State v. Jyles, 96-2669 (La.
12/12/97), 704 So.2d 241 (per curiam). In
Anders, the United States Supreme Court instructed
that if counsel finds the defendant's case to be wholly
frivolous, after a conscientious examination, he should so
advise the court and request permission to withdraw.
Anders, 386 U.S. at 744, 87 S.Ct. at 1400. That
request must, however, be accompanied by a brief referring to
anything in the record that might arguably support the
appeal. A copy of counsel's brief should be furnished to
the indigent, who should be allowed time to raise any points
he chooses; the court, not counsel, then decides whether the
case is wholly frivolous based upon a full examination of all
the proceedings. Anders, 386 U.S. at 744, 87 S.Ct.
Jyles, the Louisiana Supreme Court approved the
procedures outlined in State v. Benjamin, 573 So.2d
528 (La.App. 4 Cir. 1990), to comply with Anders.
Appellate counsel must not only review the procedural history
of the case and the evidence presented at trial, but his
brief must also contain "a detailed and reviewable
assessment for both the defendant and the appellate court of
whether the appeal is worth pursuing in the first
place." Jyles, 704 So.2d at 242 (quoting
State v. Mouton, 95-0981 (La. 4/28/95), 653 So.2d
1176, 1177). When conducting a review for compliance with
Anders, an appellate court must conduct an
independent review of the record to determine whether the
appeal is wholly frivolous. State v. Thomas, 12-0177
(La.App. 1 Cir. 12/28/12), 112 So.3d 875, 878 (en
defense counsel complied with the requirements necessary to
file an Anders brief. He reviewed the procedural
history and facts of the case and concluded there are no
non-frivolous issues for appeal. He recognized the defendant
is precluded from challenging his sentence on appeal and that
no pre-trial rulings were preserved for appeal underrate v.
Crosby, 338 So.2d 584, 588 (La. 1976). Additionally,
defense counsel certified the defendant was served with a
copy of both the Anders brief and the motion to
withdraw as attorney of record. The motion to withdraw
confirms the defendant was informed of his right to file
a, pro se brief, which he filed, raising three
assignments of error: (1) the state failed to give fair
notice of which count was being enhanced under the habitual
offender bill of information; (2) the defendant received
ineffective assistance of counsel during plea bargaining; and
(3) the sentences are unconstitutionally excessive.
reviewing the appellate record, including the pleadings,
minute entries, bills of information, and transcripts, we
find it supports defense counsel's assertion that there
are no non-frivolous issues to raise on appeal. Under both
state and federal jurisprudence, an unqualified plea of
guilty waives all non-jurisdictional defects and precludes
their review by either appeal or post-conviction relief.
Crosby, 338 So.2d at 588; State v. Ricks,
13-612 (La.App. 5 Cir. 12/30/13), 131 So.3d 1117, 1122
(recognizing such a waiver in the context of habitual
offender adjudications). Further, a defendant cannot appeal a
sentence imposed in conformity with a plea agreement set
forth in the record at the time of the plea. La. Code Crim.
Pro. art. 88l.2A(2); State v. Wiggins, 13-0649
(La.App. 1 Cir. 1/31/14), 139 So.3d 1, 4; see also State
v. Young, 96-0195 (La. 10/15/96), 680 So.2d 1171, 1175.
A defendant ...