APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 11-2231, DIVISION
"E" HONORABLE JOHN J. MOLAISON, JR., JUDGE
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D.
Connick, Jr. Terry M. Boudreaux
COUNSEL FOR DEFENDANT/APPELLANT, ANTHONY J. LEWIS Katherine
composed of Judges Susan M. Chehardy, Fredericka Homberg
Wicker, and Jude G. Gravois
M. CHEHARDY CHIEF JUDGE
Anthony J. Lewis, appeals from sentences imposed pursuant to
the revocation of his probation. His appointed appellate
counsel 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 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, appointed
appellate counsel requests permission to withdraw as counsel
of record for defendant. After a thorough review of the
record, we agree with counsel's assessment of the case,
affirm defendant's sentences, and grant counsel's
motion to withdraw.
6, 2011, the Jefferson Parish District Attorney filed a bill
of information charging defendant, Anthony J. Lewis, with
possession with the intent to distribute marijuana, a
violation of La. R.S. 40:966(A) (count one), possession of
codeine, a violation of La. R.S. 40:967(C) (count two), and
possession of diazepam, a violation of La. R.S. 40:969(C)
initially pled not guilty to these charges, but later
withdrew this plea and entered a plea of guilty on December
1, 2011. In accordance with his plea agreement, he was
sentenced that day to ten years at hard labor on count one
and five years at hard labor on each of counts two and three.
The court suspended these sentences and placed defendant on
two years of active probation followed by three years of
inactive probation. Defendant did not seek an appeal and his
convictions and sentences became final. See State v.
Williams, 16-32 (La.App. 5 Cir. 8/24/16), 199 So.3d
year later, on March 4, 2013, the Louisiana Department of
Corrections moved to revoke defendant's probation,
alleging that he had failed to comply with the conditions of
his probation and had failed to report to his probation
officer since June of 2012. The motion was set for hearing on
April 10, 2013, and an attachment was issued for
defendant's arrest when he failed to appear. The
attachment was satisfied over three years later when
defendant was arrested on June 24, 2016. At the probation
revocation hearing that followed on July 14, 2016, defendant
stipulated to the grounds for the revocation and his
probation was revoked. The court then sentenced him to ten
years at hard labor on each of the three counts.
little over a year later, in light of ameliorative amendments
to the pertinent drug laws that took effect on August 1,
2017,  defendant filed a pro se motion
to reconsider sentence on August 7, 2017. On August 9, 2017,
the district court denied relief on the two bases that this
motion was untimely under La. C.Cr.P. art. 881.1 and that La.
C.Cr.P. art. 881 precludes amendment of defendant's
felony sentences at hard labor because he had already started
September 18, 2017, the court vacated defendant's
sentences on counts two and three, and resentenced him to
five years at hard labor on each, in accordance with his plea
agreement. On October 5, 2017, defendant filed a
pro se motion for appeal, alleging that "the
record herein shows error to his prejudice." The court
granted defendant's appeal on October 16, 2017.
defendant pled guilty, the underlying facts were not
developed at a trial; however, the State alleged in the bill
of information that on or about April 9, 2011, defendant
possessed marijuana with the ...