APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 13-4562, DIVISION
"O" HONORABLE DANYELLE M. TAYLOR, JUDGE PRESIDING
PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D. Connick, Jr.
Terry M. Boudreaux.
DEFENDANT/APPELLANT, JAVONE D. MARTIN Cynthia K. Meyer.
composed of Judges Susan M. Chehardy, Marc E. Johnson, and
Robert A. Chaisson
A. CHAISSON JUDGE
Javone D. Martin, appeals several narcotics convictions and
sentences, as well as the enhanced sentence imposed pursuant
to his stipulation to the multiple offender bill of
information. For the reasons that follow, we affirm
defendant's convictions and sentences, and we further
grant appellate counsel's motion to withdraw as attorney
of record for defendant.
September 10, 2013, the Jefferson Parish District Attorney
filed a bill of information charging defendant with three
counts of distribution of cocaine within 2, 000 feet of Jesse
Owens Playground, in violation of La. R.S. 40:981.3 (counts
one, two, and five) and two counts of distribution of
cocaine, in violation of La. R.S. 40:967(A) (counts three and
four). At the November 6, 2013 arraignment, defendant pled
not guilty. On June 29, 2016, defendant withdrew his not
guilty pleas and, after being advised of his rights, pled
guilty as charged. On July 18, 2016, in accordance with the
plea agreement, the trial judge sentenced defendant, on each
count, to imprisonment at hard labor for fifteen years with
the first two years to be served without benefit of parole,
probation, or suspension of sentence, to run concurrently.
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 on count three. After
being advised of his rights, defendant stipulated to the
allegations in the multiple offender bill. The trial court
then vacated defendant's sentence on count three and
resentenced him, in accordance with the plea agreement, to
imprisonment at hard labor for fifteen years with the first
two years of the sentence to be served without benefit of
parole, probation, or suspension of sentence and the
remainder of the sentence to be served without benefit of
probation or suspension of sentence. Defendant was
subsequently granted 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 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, 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. She sets
forth the procedural history of the case as well as the
circumstances surrounding defendant's guilty pleas and
sentencing. She particularly notes that defendant entered
unqualified guilty pleas, thereby waiving any pre-plea
non-jurisdictional defects. Further, defendant's
appellate counsel acknowledges that defendant was fully
advised of his rights and the consequences of his guilty
pleas to both the original and multiple offender bills of
information. Also, counsel notes that defendant was advised
of the sentences he would receive in exchange for the guilty
pleas and was sentenced in accordance with the plea
agreements. Defendant's appellate counsel concludes that
after a conscientious and thorough review of the appellate
court record, she can find no non-frivolous issues to raise
on appeal and can find no ruling of the trial court that
arguably supports an appeal. Therefore, she requests
permission to withdraw as attorney of record for
Court has performed an independent, thorough review of the
pleadings, minute entries, bills of information, and
transcripts in the appellate record. Our review supports
appellate counsel's assertion ...