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State v. Fredieu

Court of Appeals of Louisiana, Second Circuit

June 27, 2018

STATE OF LOUISIANA Appellee
v.
SHERMAN FREDIEU, JR. Appellant

          Appealed from the First Judicial District Court for the Parish of Caddo, Louisiana Trial Court No. 336174 Honorable Ramona L. Emanuel, Judge

          LOUISIANA APPELLATE PROJECT Counsel for Appellant BY: Annette F. Roach

          SHERMAN FREDIEU, JR. Pro Se

          JAMES E. STEWART, SR. Counsel for Appellee District Attorney

          EDWIN L. BLEWER, III SUZANNE M. WILLIAMS Assistant District Attorneys

          Before WILLIAMS, GARRETT, and COX, JJ.

          WILLIAMS, J.

         The defendant, Sherman Fredieu, Jr., was charged by grand jury indictment with one count of second degree murder, in violation of La. R.S. 14:30.1, and two counts of attempted second degree murder, in violation of La. R.S. 14:27 and 14:30.1. Following a jury trial, defendant was found guilty as charged. He was sentenced to mandatory life imprisonment for second degree murder and to 48 years for each conviction of attempted second degree murder. The trial court ordered that all sentences be served without the benefit of parole, probation or suspension of sentence and that the sentences run consecutively. On appeal, defendant's appellate counsel has filed an Anders brief and a motion to withdraw, alleging that there are no nonfrivolous issues to raise on appeal. For the following reasons, we affirm defendant's convictions and sentences and grant appellate counsel's motion to withdraw.

         FACTS

         The record shows on October 27, 2015, Verdina Crichlow was shot to death in her Shreveport apartment. Tammy Harris and Tranautica Webb were also wounded in the shooting. During the police investigation, defendant was identified as the shooter. According to witnesses, when the shooting occurred, defendant was angry because his money, which he had given to Jamar Watkins to purchase marijuana from Crichlow, had been stolen. The police determined that Crichlow and Watkins had been involved in a scheme to take the defendant's money by faking a robbery. Defendant was arrested and charged with the second degree murder of Verdina Crichlow and two counts of attempted second degree murder of Tammy Harris and Tranautica Webb.

         After a jury trial, defendant was found guilty as charged. The trial court sentenced defendant to serve the mandatory sentence of life imprisonment without benefit of parole, probation or suspension of sentence for the second degree murder conviction and to serve 48 years at hard labor without benefits for each conviction of attempted second degree murder with the sentences to be served consecutively. Defendant's motions for new trial, for post-verdict judgment of acquittal and to reconsider sentence were denied. This appeal followed.

         DISCUSSION

         Defendant's appellate counsel has filed an Anders brief and a motion to withdraw, advising that she made a conscientious and thorough review of the trial court record and found no nonfrivolous 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 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." State v. Jyles, 704 So.2d at 242. Counsel specifically addresses defendant's potential claims regarding sufficiency of the evidence, excessiveness of sentence, and an argument raised in the motion for new trial concerning an alleged error in the jury charge. In addition, appellate counsel verifies that she has mailed copies of the motion to withdraw and brief to defendant, in accordance with Anders, Jyles and Mouton, supra. We note that while this appeal was pending, defendant neither requested a copy of the appellate record nor filed a pro se brief.

         During the trial in this case, multiple witnesses identified defendant as the shooter, including Tammy Harris, one of the victims, and Scarlett Groce, who was with defendant when he shot the victims. Pursuant to a plea agreement, Groce pled guilty to accessory after the fact to second degree murder as a result ...


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