APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 16-319, DIVISION
"P" HONORABLE LEE V. FAULKNER, JR., JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D.
Connick, Jr. Terry M. Boudreaux.
COUNSEL FOR DEFENDANT/APPELLANT, JASON EUGENE Cynthia K.
composed of Judges Jude G. Gravois, Robert A. Chaisson, and
Stephen J. Windhorst
A. CHAISSON, JUDGE
Jason Eugene, appeals his convictions and sentences for four
counts of distribution of cocaine as well as his multiple
offender adjudication and enhanced sentence. For the reasons
that follow, we affirm defendant's convictions and
sentences, and we further grant appellate counsel's
motion to withdraw as attorney of record for defendant.
February 1, 2016, the Jefferson Parish District Attorney
filed a bill of information charging defendant with four
counts of distribution of cocaine occurring on four different
dates in April of 2013, violations of La. R.S. 40:967(A).
Defendant pled not guilty at his arraignment.
March 10, 2016, defendant withdrew his pleas of not guilty,
and after being advised of his rights, pled guilty as
charged. In accordance with the plea agreement, defendant was
sentenced to fifteen years imprisonment with the Department
of Corrections on each count to run concurrently. The
State then filed a bill of information, pursuant to the
provisions of La. R.S. 15:529.1, seeking to have defendant
adjudicated a second felony offender. After being advised of
his rights, defendant stipulated to the allegations in the
multiple bill. The trial court then vacated defendant's
sentence on count one and resentenced defendant, in
accordance with the plea agreement, to fifteen years
imprisonment with the Department of Corrections without
benefit of probation or suspension of sentence.
March 26, 2018, the trial court granted defendant an
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 she 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 appellate
counsel requests permission to withdraw as attorney of record
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. She details
the procedural history of the case as well as the
circumstances surrounding defendant's guilty pleas and
sentencing. She particularly notes that there were no
pretrial rulings which could arguably support an appeal, and
that defendant entered unqualified guilty pleas, thereby
waiving any non-jurisdictional defects. Appellate counsel
further sets forth that defendant's guilty pleas to the
original and multiple offender bills of information were not
constitutionally infirm because defendant was advised of and
indicated that he understood the rights that would be waived
by pleading guilty. Further, appellate counsel recognizes
that defendant was not forced, coerced, or threatened to
enter the guilty pleas, and that the sentences were imposed
in conformity with the plea agreements. Defendant's
appellate counsel concludes that after a conscientious ...