Appealed from the Forty-Second Judicial District Court for
the Parish of DeSoto, Louisiana Trial Court No. 17CR28255
Honorable Charles Blaylock Adams, Judge.
LOUISIANA APPELLATE PROJECT By: Peggy J. Sullivan, Counsel
P. WOODS Pro Se.
V. EVANS District Attorney, Counsel for Appellee.
A. HOLLAND, JR. KENNETH PATRICK HAINES Assistant District
STONE, STEPHENS, and MCCALLUM, JJ.
to a plea agreement, Artari P. Woods pled guilty to one count
of distribution of marijuana, in violation of La. R.S.
40:966(A)(1). As per the agreement, the trial court sentenced
Woods to 15 years at hard labor, 7 years of which were
suspended and 5 years of probation. Woods now appeals his
conviction and sentence. Woods' appellate counsel has
filed a motion to withdraw, together with a brief pursuant to
Anders v. California, 386 U.S. 738, 87 S.Ct. 1396,
18 L.Ed.2d 493 (1967), asserting there are no nonfrivolous
issues upon which to base an appeal. For the following
reasons, appellate counsel's motion to withdraw is
granted, and Woods' conviction and sentence are affirmed.
24, 2016, Artari P. Woods sold marijuana and methamphetamine
to a confidential informant in Desoto Parish. On January 27,
2017, Woods was charged by bill of information with three
counts of distribution of marijuana, in violation of La. R.S.
40:966(A)(1), and two counts of distribution of
methamphetamine, in violation of La. R.S. 40:967(A)(1). On
April 12, 2017, Woods pled guilty to one count of
distribution of Schedule I, controlled dangerous substance.
The state agreed to a sentence of 15 years at hard labor,
with 7 years suspended and 5 years of probation. In exchange
for the guilty plea, the state dismissed the remaining
charges and agreed to forgo habitual offender proceedings
to accepting the guilty plea, Woods was informed of and
waived his rights in accordance with Boykin v.
Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274
(1969). Woods stated the plea was made without threats,
promises, or inducement of any kind, and confirmed the
factual basis for the plea given by the state as noted above.
Thereafter, the trial court accepted Woods' plea as being
knowingly, intelligently, and voluntarily made. Woods waived
sentencing delays and the trial court imposed the agreed upon
sentence of 15 years at hard labor, with 7 years suspended
and 5 years of probation. The trial court ordered Woods to
complete substance abuse treatment and allowed Woods credit
for time served. The trial court did not specifically inform
Woods that he was waiving his right to appeal the conviction
and sentence imposed in conformity with a plea agreement and
Woods did not reserve his right to review his sentence or the
filed a "Notice of Intent to seek direct appeal and
request that this court set defendant's filing deadline
with the 2nd Circuit Court of Appeal, " which the trial
court granted on August 23, 2017. The Louisiana Appellate
Project was appointed to represent Woods for his out-of-time
November 28, 2017, Woods' appointed appellate counsel
filed a motion to withdraw, together with an Anders
brief, alleging he could find no nonfrivolous issues to raise
on appeal. See, Anders, supra; State v.
Jyles, 1996-2669 (La. 12/12/97), 704 So.2d 241;
State v. Mouton, 1995-0981 (La. 04/28/95), 653 So.2d
1176; and State v. Benjamin, 573 So.2d 528 (La.App.
4 Cir. 1990). The brief reviewed the procedural history of
the case as well as the terms of the plea agreement and
stated that after a thorough review of all the pleadings
filed in the trial court, the court proceedings, and all
transcripts contained in the record, no nonfrivolous issues
could be advanced for appellate review. Furthermore,
appellate counsel verified that copies of the motion to
withdraw and Anders ...