APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 17-4217, DIVISION
"J" HONORABLE STEPHEN C. GREFER, JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D.
Connick, Jr., Terry M. Boudreaux .
COUNSEL FOR DEFENDANT/APPELLANT, OSMAN ESPINOZA Bruce G.
composed of Judges Stephen J. Windhorst, Hans J. Liljeberg,
and Marion F. Edwards, Judge Pro Tempore
J. LILJEBERG JUDGE
appeals his conviction and sentence for aggravated flight
from an officer. For the following reasons, we affirm
defendant's conviction and sentence. We also grant
appellate counsel's motion to withdraw as counsel of
6, 2017, the Jefferson Parish District Attorney filed a bill
of information charging defendant, Osman Espinoza, with one
count of aggravated flight from an officer, in violation of
La. R.S. 14:108.1. Defendant pleaded not guilty at his
September 20, 2017, defendant withdrew his plea of not
guilty, and after being advised of his
Boykin rights, pleaded guilty as charged. In
accordance with the plea agreement, defendant was sentenced
to a three-year suspended sentence in the Department of
Corrections, two years of active probation, and a five
hundred dollar fine. Defendant was further ordered to comply
with the felony conditions of probation as set forth on the
probation form executed by defendant and ordered "to be
assessed and complete all classes and programs recommended by
the probation department."
October 19, 2017, defendant filed a motion to withdraw his
guilty plea, alleging that he "did not understand that
he would be arrested by immigration officials when he showed
up for probation." That same day, defendant also filed a
motion for appeal. On October 25, 2017, the trial court
denied defendant's motion to withdraw his guilty plea and
granted his motion for appeal.
defendant pleaded guilty, the facts of this case were not
fully developed at a trial. The facts were gleaned from the
bill of information which provides that on April 8, 2017,
defendant "violated La. R.S. 14:108.1 in that he did
willfully and unlawfully refuse to bring a vehicle to a stop
knowing that he has been given a visual and audible signal to
stop by a police officer, namely one Deputy B. Jenkins of the
Jefferson Parish Sheriff's Office."
to the procedure adopted by this Court in State v.
Bradford, 95-929, pp. 3-4 (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, ...