Appealed from the First Judicial District Court for the
Parish of Caddo, Louisiana Trial Court No. 347, 873 Honorable
Erin Leigh Waddell Garrett, Judge
LOUISIANA APPELLATE PROJECT Counsel for Appellant By: Carey
J. Ellis, III
RAY BRADHAM Pro Se
E. STEWART, SR. Counsel for Appellee District Attorney
L. SILVIE KODIE K. SMITH SUZANNE M. WILLIAMS Assistant
WILLIAMS, MOORE, and STEPHENS, JJ.
defendant, Danny Bradham, was charged by bill of information
with possession of a Schedule II, Controlled Dangerous
Substance ("CDS"), a violation of La. R.S.
40:967(C). Pursuant to a plea agreement, the defendant pled
guilty as charged and was sentenced to six months'
imprisonment at hard labor in conformity with an agreed-upon
sentence. Defendant now appeals. The defendant's
appellate counsel has filed an Anders brief and a
motion to withdraw, advising that he has made a conscientious
and thorough review of the trial court record and can find no
non-frivolous issues to raise on appeal. For the following
reasons, we affirm defendant's conviction and sentence
and grant appellate counsel's motion to withdraw.
record shows that on April 18, 2017, defendant was charged
with possession of methamphetamine. On that same day,
defendant pled guilty as charged and was sentenced to six
months' imprisonment at hard labor with credit for time
served. Defendant's guilty plea was made pursuant to an
agreement with the state providing for the imposition of the
aforementioned sentence and the dismissal of two misdemeanor
charges arising out of the same incident. According to the
factual basis read into the record during defendant's
guilty plea, Shreveport Police Department officers found
defendant in possession of suspected methamphetamine during a
"Terry" stop after he was seen walking in the
street. The North Louisiana Crime Lab confirmed the substance
to be methamphetamine.
his guilty plea colloquy, defendant stated that he wanted to
make a "Crosby plea." The prosecutor
responded, "We don't do that. We call them
Alford pleas. We don't do that in here. We
don't do that." Defendant then stated, "Well,
it just reserves a few rights. I was just wondering if you
would accept this, but okay." Nothing more was said
regarding a Crosby or an Alford plea.
district court then informed defendant of his constitutional
rights pursuant to Boykin v. Alabama, 395 U.S. 238,
89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). He stated that he
understood and wished to waive his rights. Defendant also
acknowledged he understood that by pleading guilty he would
be sentenced to six months' imprisonment and he was
waiving his right to appeal his conviction. The trial court
accepted the plea and immediately sentenced defendant in
accordance with the plea agreement. In May 2017, defendant
timely filed a pro se motion for appeal, which the trial
court denied. Following an application for writ of
supervisory review, this court ordered the perfection of
defendant's appeal and the Louisiana Appellate Project
was appointed to represent him.
defendant's appellate counsel has filed an
Anders brief and a motion to withdraw, alleging that
he could find no non-frivolous issues to raise on appeal.
See Anders v. California, 386 U.S. 738, 87 S.Ct.
1396, 18 L.Ed.2d 493 (1967); State v. Jyles, 96-2669
(La. 12/12/97), 704 So.2d 241; State v. Mouton,
95-0981 (La. 4/28/95), 653 So.2d 1176; State v.
Benjamin, 573 So.2d 528 (La.App. 4 Cir. 1990). Appellate
counsel's brief outlines the procedural history of the
case, the agreement under which defendant's plea was
entered and the actions of the trial court. The brief also
contains "a detailed and reviewable assessment for both
the defendant and the appellate court of whether the appeal
is worth pursuing in the first place." Jyles,