APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 15-5714, DIVISION
"I" HONORABLE NANCY A. MILLER, JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUSIANA Paul D.
Connick, Jr. Terry M. Boudreaux
COUNSEL FOR DEFENDANT/APPELLANT, THEODORE STAMPS, III
Christopher A. Aberle
composed of Judges Jude G. Gravois, Marc E. Johnson, and
Robert A. Chaisson
A. CHAISSON, JUDGE.
Theodore Stamps, III, appeals his convictions and sentences
for driving while intoxicated, fourth or subsequent offense.
For the reasons that follow, we affirm defendant's
convictions and sentences and grant appellate counsel's
motion to withdraw as attorney of record for defendant.
October 7, 2015, the Jefferson Parish District Attorney filed
a bill of information charging defendant with two counts of
driving while intoxicated, fourth or subsequent offense,
violation of La. R.S. 14:98(A) and 14:98.4(A).At the October 9,
2015 arraignment, defendant pled not guilty.
on March 16, 2016, defendant withdrew his not guilty pleas
and, after being advised of his rights, pled guilty as
charged to both counts. In accordance with the plea
agreement, the trial court sentenced defendant to twenty-five
years at hard labor on each count with the first two years to
be served without benefit of probation, parole, or suspension
of sentence. The trial court ordered the sentences to run
concurrently with each other and also imposed a fine of $5,
000.00 on defendant. Subsequently, on February 10, 2017, the
trial court granted defendant an out-of-time appeal.
the procedure adopted by this Court in State v.
Bradford, 95-929 (La.App. 5 Cir. 6/25/96), 676 So.2d
1108, 1110-11,  appointed appellate counsel has filed a
brief asserting that he 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, 96-2669 (La. 12/12/97),
704 So.2d 241 (per curiam), appointed appellate
counsel requests permission to withdraw as attorney of record
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.
If, after an independent review, the reviewing court
determines there are no non-frivolous issues for appeal, it
may grant counsel's motion to withdraw and affirm the
defendant's conviction and sentence. State v.
Bradford, 676 So.2d at 1110.
case, defendant's appellate counsel has complied with the
procedures for filing an Anders brief. He sets forth
the procedural history of the case as well as the
circumstances surrounding defendant's guilty pleas and
sentencing. In particular, appellate counsel points out that
during the plea proceedings, defendant was adequately advised
of his rights and the consequences of his guilty pleas and
acknowledged that by pleading guilty, he was waiving certain
rights, including the right to trial by judge or jury, the
right to confront and cross-examine witnesses, and the
privilege against self-incrimination. In his Anders
brief, appellate counsel recognizes that the trial court
sufficiently explained the nature of the charges, and
defendant acknowledged his guilt for both counts. Further,
appellate counsel notes that defendant's pleas were not
the result of promises, force, intimidation, or coercion, and
that the trial court sentenced defendant in accordance with
the terms of the plea agreement.
brief, defendant's appellate counsel points out that the
trial court, just prior to correctly advising defendant that
the mandatory minimum sentence is ten years, inadvertently
informed defendant that the maximum penalty under the statute
is ten years; however, counsel then explains that the error
can be deemed harmless since the record shows that defendant
was apprised of the correct sentencing range in the waiver of
rights form and by the trial court at the end of the guilty
plea proceedings. Defendant's appellate counsel concludes
that after a conscientious and thorough review of the trial
court record, he can find no non-frivolous ...