FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF
CALCASIEU, NO. 15271-14 HONORABLE DAVID ALEXANDER RITCHIE,
F. DeRosier Fourteenth Judicial District Attorney Carla S.
Sigler Assistant District Attorney Elizabeth Brooks Hollins
Assistant District Attorney COUNSEL FOR APPELLEE: State of
C. Marx Louisiana Appellate Project COUNSEL FOR
DEFENDANT/APPELLANT: Dudley Melancon, Jr.
composed of Shannon J. Gremillion, Phyllis M. Keaty, and D.
Kent Savoie, Judges.
SHANNON J. GREMILLION JUDGE
Dudley Melancon, Jr., and Jeremiah Christopher Jones were
charged with first degree robbery, a violation of La.R.S.
14:64.1, on June 11, 2014, as the result of an incident on
May 7, 2014, in which Defendant robbed the victim of a bank
bag. Defendant pled not guilty and requested a jury trial.
The charges against Defendant and Jones were severed, and
Defendant was tried by himself. Defendant never contested the
fact that he committed a simple robbery.
convicted Defendant of the lesser charge of simple robbery, a
violation of La.R.S. 14:65. The trial court sentenced
Defendant to the maximum sentence of seven years at hard
labor, to run consecutively to any other time being served.
That sentence has since been vacated, and Defendant has been
adjudicated a third felony offender. The appeal of that
adjudication is before this court in docket number 17-944.
counsel has filed a brief pursuant to Anders v.
California, 386 U.S. 738, 87 S.Ct. 1396 (1967), alleging
no non-frivolous issues exist on which to base an appeal and
seeking to withdraw as Defendant's counsel. Defendant was
notified of the filing and given until January 22, 2018, to
file a pro se brief. Defendant has not filed a brief. We
grant the motion to withdraw, and Defendant's conviction
to Anders, 386 U.S. 738, Defendant's appellate
counsel filed a brief stating she could find no errors on
appeal that would support reversal of Defendant's
conviction or sentence. Thus, counsel seeks to withdraw.
State v. Benjamin, 573 So.2d 528 (La.App. 4 Cir.
1990), the fourth circuit explained the Anders
When appointed counsel has filed a brief indicating that no
non-frivolous issues and no ruling arguably supporting an
appeal were found after a conscientious review of the record,
Anders requires that counsel move to withdraw. This
motion will not be acted on until this court performs a
thorough independent review of the record after providing the
appellant an opportunity to file a brief in his or her own
behalf. This court's review of the record will consist of
(1) a review of the bill of information or indictment to
insure the defendant was properly charged; (2) a review of
all minute entries to insure the defendant was present at all
crucial stages of the proceedings, the jury composition and
verdict were correct and the sentence is legal; (3) a review
of all pleadings in the record; (4) a review of the jury
sheets; and (5) a review of all transcripts to determine if
any ruling provides an arguable basis for appeal. Under
C.Cr.P. art. 914.1(D) this Court will order that the appeal
record be supplemented with pleadings, minute entries and
transcripts when the record filed in this Court is not
sufficient to perform this review.
Id. at 531.
to Anders and Benjamin, we have performed a
thorough review of the record, including pleadings, minute
entries, the charging instrument, and the transcripts.
Defendant was properly charged in the bill of information, he
was present and represented by counsel at all crucial stages
of the proceedings, the jury composition and verdict ...