APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 16-26, 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, TYVON M. TURNER Prentice L.
composed of Judges Jude G. Gravois, Robert A. Chaisson, and
Marion F. Edwards, Judge Pro Tempore
A. CHAISSON JUDGE.
Tyvon M. Turner, appeals his conviction and sentence for
armed robbery. For the reasons that follow, we affirm
defendant's conviction and sentence, and we further grant
appellate counsel's motion to withdraw as attorney of
record for defendant.
January 6, 2016, the Jefferson Parish District Attorney filed
a bill of information charging defendant with armed robbery,
in violation of La. R.S. 14:64, while armed with a firearm as
per La. R.S. 14:64.3. Defendant pled not guilty at his
April 25, 2016, defendant withdrew his not guilty plea and,
after being advised of his rights, pled guilty to armed
robbery. In accordance with the plea agreement, the
trial court sentenced defendant to fifteen years at hard
labor without benefit of parole, probation, or suspension of
sentence. Defendant thereafter filed a motion to
reconsider sentence, which was denied on August 2, 2016.
19, 2017, the trial court granted defendant an out-of-time
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 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 (per curiam), appointed counsel
requests permission to withdraw as attorney of record for
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. He sets forth
the procedural history of the case, the limited facts, and
the circumstances surrounding defendant's guilty plea and
sentencing. Appellate counsel particularly notes that
defendant was advised of the constitutional rights he would
be waiving by pleading guilty and freely waived these rights.
He acknowledges that defendant was advised of the possible
sentencing range, as well as the actual sentence that would
be imposed upon the acceptance of his guilty plea, and that
defendant was sentenced in accordance with the plea
agreement. Defendant's appellate counsel
concludes that after a conscientious and thorough review of
the appellate court record, he ...