APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 13-1528, 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, CHARLES E NELSON Gwendolyn
composed of Judges Jude G. Gravois, Robert A. Chaisson, and
John J. Molaison, Jr.
J. MOLAISON, JR. JUDGE
Charles E. Nelson, appeals his convictions and sentences for
one count of possession with intent to distribute cocaine and
one count of possession with intent to distribute
hydrocodone, in violation of La. R.S. 40:967(A), and one
count of possession of heroin, in violation of La. R.S.
40:966(C). Mr. Nelson's appointed counsel has filed an
appellate brief pursuant to Anders v.
Californiaasserting there is no basis for a
non-frivolous appeal, and has also filed a motion to withdraw
as counsel of record. For the following reasons, we affirm
Mr. Nelson's convictions and sentences and remand this
matter to the trial court for corrections of errors patent on
the record. Further, we grant appellate counsel's motion
to withdraw as counsel of record.
AND PROCEDURAL HISTORY
case, because Mr. Nelson's convictions resulted from
guilty pleas, the circumstances surrounding the offenses were
not fully developed at a trial. Here, the record reflects
that on or about January 11, 2013, Mr. Nelson knowingly or
intentionally possessed, with the intent to distribute,
cocaine and hydrocodone, and that he knowingly or
intentionally possessed heroin.
March 22, 2013, the Jefferson Parish District Attorney filed
a bill of information charging Mr. Nelson with possession
with intent to distribute cocaine in violation of La. R.S.
40:967(A) (count one), possession of heroin in violation of
La. R.S. 40:966 (count two), and possession with intent to
distribute hydrocodone in violation of La. R.S. 40:967(A)
(count three). At his arraignment on April 9, 2013, Mr.
Nelson pled not guilty. Thereafter, Mr. Nelson filed omnibus
motions seeking suppression of the evidence, statements, and
March 21, 2016, pursuant to a negotiated plea agreement, Mr.
Nelson withdrew his not guilty pleas and entered pleas of
guilty as charged on all three counts. During the guilty plea
colloquy, the State provided the following factual basis for
the guilty pleas:
If the Sate [sic] proceeded to trial against Charles Nelson
in Clerk Number 13-1528, the State would prove beyond a
reasonable doubt that Charles Nelson on January 11, 2013
committed two separate violations of Louisiana Revised
Statute Title 40, Section 967.A. Specifically, he possessed
with the intent to distribute cocaine and also possessed with
the intent to distribute hydrocodone. The State would further
prove that on that same date in Jefferson Parish, [Mr.
Nelson] violated Louisiana Revised Statute Title 40, Section
966.C, in that he did knowingly possess heroin.
the recitation by the State, Mr. Nelson indicated that he
understood and was in agreement with the factual basis for
his pleas. On that same date, after accepting Mr.
Nelson's guilty pleas as having been knowingly,
intelligently, freely and voluntarily made, the trial court
sentenced Mr. Nelson as follows: (1) count one - fifteen
years imprisonment at hard labor with the first two years to
be served without benefit of parole, probation, or suspension
of sentence; (2) count two - four years imprisonment at hard
labor; and (3) count three - four years imprisonment at hard
labor. Further, the trial court ordered that each sentence
was to run concurrently with one another, as well as with the
sentences imposed that same date in case numbers 15-7082 and
on March 21, 2016, the State filed a multiple offender bill
alleging Mr. Nelson to be a second-felony offender to which
Mr. Nelson stipulated. The trial court then vacated the
original sentence on count one and resentenced Mr. Nelson
pursuant to the multiple offender statute, La. R.S. 15:529.1,
to fifteen years imprisonment at hard labor with the first
two years to be served without the benefit of parole,
probation, or suspension of sentence, and the remainder of
the sentence to be served without the benefit of probation or
suspension of sentence. The sentences were ordered to run
concurrently with the original sentence imposed as to counts
two and three, and with the sentences imposed in cases
15-7082 and 16-518.
Nelson filed an Application for Post-Conviction Relief
("APCR") on February 2, 2018, which the trial court
dismissed without prejudice. On supervisory review, this
Court vacated that ruling and remanded the matter to the
trial court with instructions to construe Mr. Nelson's
APCR as a timely filed request for an out-of-time appeal.
State v. Nelson, 18-117 (La.App. 5 Cir. 3/22/81)
(unpublished writ disposition). On March 27, 2018, the trial
court granted Mr. Nelson an out-of-time appeal.