APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 16-7161, DIVISION
"F" HONORABLE MICHAEL P. MENTZ, JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D.
Connick, Jr. Terry M. Boudreaux
COUNSEL FOR DEFENDANT/APPELLANT, BYRON DEVELLE GILLIN
Gwendolyn K. Brown
composed of Judges Fredericka Homberg Wicker, Robert A.
Chaisson, and Stephen J. Windhorst
FREDERICKA HOMBERG WICKER JUDGE
Byron Gillin, appeals his convictions and sentences for
possession with intent to distribute marijuana and possession
of methamphetamine. Defendant's appointed appellate
counsel has filed an appellate brief pursuant to Anders
v. California and has further filed a motion to withdraw
as counsel of record. For the following reasons, we affirm
defendant's convictions, vacate his sentences, remand to
the trial court for clarification of the sentences, and grant
appellate counsel's motion to withdraw.
OF THE CASE
December 8, 2016, the Jefferson Parish District
Attorney's Office filed a bill of information charging
defendant with possession with the intent to distribute
marijuana in violation of La. R.S. 40:966(A)(count one) and
possession of a controlled dangerous substance,
methamphetamine, in violation of La. R.S. 40:967(C).
Defendant pled not guilty to the charges at his arraignment.
On May 22, 2017, defendant withdrew his pleas of not guilty
and pled guilty as charged.
14, 2017, the trial judge sentenced defendant in accordance
with the plea agreement to five years at hard labor for his
possession with intent to distribute marijuana conviction and
five years at hard labor for his possession of
methamphetamine conviction. The trial judge ordered that the
sentences run concurrently and further imposed a $500.00
fine. On July 14, 2017, defendant filed a motion
to reconsider sentence, which the trial judge denied. This
pled guilty without proceeding to trial. However, the state
provided the following factual basis for the guilty pleas:
[I]f the State went to trial it would prove beyond a
reasonable doubt that the Defendant Bryon Gillin did on or
about September 22, 2016 violate Louisiana Revised Statute
40:966(A) and that he did knowingly or intelligently possess
with the intent to distribute a controlled dangerous
substance to wit Marijuana.
Additionally, the State would prove beyond a reasonable doubt
that on or about September 22, 2016 that the Defendant, Byron
Gillin did violate Louisiana Revised Statute 40:967(C) and
that he did knowingly, intentionally possess a controlled
dangerous substance to wit Methamphetamine, this occurring in
the Parish of Jefferson.