Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Thornton

Court of Appeals of Louisiana, Fifth Circuit

April 11, 2018

STATE OF LOUISIANA
v.
KYREN THORNTON

          ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 14-4708, DIVISION "H" HONORABLE GLENN B. ANSARDI, JUDGE PRESIDING

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

          COUNSEL FOR DEFENDANT/APPELLANT, KYREN THORNTON Gwendolyn K. Brown

          Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and Jude G. Gravois

          JUDE G. GRAVOIS JUDGE.

         Defendant, Kyren Thornton, appeals his conviction and sentence resulting from a guilty plea to armed robbery. His appointed appellate attorney has filed a brief in conformity with the procedure outlined in State v. Bradford, 95-929 (La.App. 5 Cir. 6/25/96), 676 So.2d 1108, 1110-11, 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 attorney requests permission to withdraw as counsel of record for defendant. After thorough review of the record, we agree with counsel's assessment of the case and accordingly grant the motion to withdraw. We also affirm defendant's conviction and sentence.

         PROCEDURAL HISTORY

         On September 2, 2014, the Jefferson Parish District Attorney filed a bill of information charging defendant, Kyren Thornton, with one count of armed robbery while armed with a firearm, in violation of La. R.S. 14:64.[1] Defendant pled not guilty at his arraignment on September 4, 2014.

         On August 4, 2015, defendant withdrew his plea of not guilty, and after being advised of his Boykin[2] rights, pled guilty as charged. In accordance with the plea agreement, defendant was sentenced to serve ten years imprisonment in the Department of Corrections, [3] without the benefit of parole, probation, or suspension of sentence.[4] The trial court further recommended defendant for participation in any drug rehabilitation, self-help, and work-release programs available through the Department of Corrections.

         Defendant filed an application for post-conviction relief ("APCR") on August 8, 2017, seeking an out-of-time appeal, which was granted by the trial court on August 14, 2017.[5] The instant appeal followed.

         FACTS

         Because defendant pled guilty, the facts of this case were not fully developed at trial. Thus, the facts were gleaned from the bill of information which provides that on August 2, 2014, defendant violated La. R.S. 14:64, in that he and co-defendants Nyran Batiste and Bernel Rhodes did rob German Castro while armed with a dangerous weapon, to-wit: a firearm.

         ANDERS BRIEF

         Under the procedure adopted by this Court in State v. Bradford, supra, 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, supra, and State v. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.