APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 15-2943, DIVISION
"A" HONORABLE RAYMOND S. STEIB, JR., JUDGE
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D.
Connick, Jr. Terry M. Boudreaux.
COUNSEL FOR DEFENDANT/APPELLANT, RICHARD J. HEATH Bruce G.
composed of Judges Fredericka Homberg Wicker, Jude G.
Gravois, and Robert A. Chaisson
A. CHAISSON, JUDGE.
Richard J. Heath, appeals his conviction and enhanced
sentence for simple burglary of an inhabited dwelling. For
the reasons that follow, we affirm defendant's conviction
and sentence, as amended, and remand the matter for
correction of errors patent as noted herein. In addition, we
grant appellate counsel's motion to withdraw as attorney
of record for defendant.
18, 2015, the Jefferson Parish District Attorney filed a bill
of information charging defendant with simple burglary of an
inhabited dwelling, in violation of La. R.S. 14:62.2.
Defendant pled not guilty at his arraignment on June 10,
2015. Thereafter, on November 19, 2015, defendant withdrew
his not guilty plea and, after being advised of his rights,
pled guilty as charged. In accordance with the plea
agreement, the trial court sentenced defendant to twelve
years with the Department of Corrections and directed that
the first year be served without benefit of parole,
probation, or suspension of sentence.
State then filed a bill of information, pursuant to the
provisions of La. R.S. 15:529.1, seeking to have defendant
adjudicated a second felony offender. After defendant
stipulated to the multiple bill, the trial court vacated
defendant's original sentence and resentenced him as a
second felony offender to twelve years with the Department of
Corrections without benefit of parole, probation, or
suspension of sentence. The trial court ordered that
defendant's sentence run concurrently with the sentence
imposed in district court case number 14-1462 and with any
other sentence defendant might be serving.
August 17, 2017, the trial court granted defendant's
motion for 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
defendant pled guilty and was sentenced pursuant to a
counseled plea agreement, that defendant did not preserve any
rulings for review under State v. Crosby, 338 So.2d
584 (La. 1976), and that defendant waived all
non-jurisdictional defects by entering an unqualified guilty
plea. Appellate counsel further sets forth that
defendant's guilty pleas to the original and multiple
offender bills of information were not constitutionally
infirm because defendant was advised of and indicated that he
understood the rights that would be waived by pleading
guilty. Further, appellate counsel recognizes that defendant
was not forced, coerced, or threatened to enter the guilty
pleas, and that the sentences were imposed in conformity with
the plea agreements. Defendant's appellate counsel