APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 15-4259, DIVISION
"O" HONORABLE DANYELLE M. TAYLOR, JUDGE PRESIDING
PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D. Connick, Jr.
Terry M. Boudreaux
DEFENDANT/APPELLANT, LAWRENCE CHIRLOW Jane L. Beebe
composed of Judges Susan M. Chehardy, Fredericka Homberg
Wicker, and Marc E. Johnson
FREDERICKA HOMBERG WICKER JUDGE
Lawrence Chirlow, appeals his conviction for possession of
cocaine in violation of La. R.S. 40:967(C). Appointed counsel
for Defendant filed an appellate brief 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, 242 (per curiam), seeking to
withdraw as counsel of record asserting that after thoroughly
reviewing the district court record, she could find no
non-frivolous issues to raise on appeal. For the following
reasons, we grant appellate counsel's request to withdraw
as counsel of record, affirm Defendant's conviction and
sentence, and remand this case to the district court for
correction of an error patent. We further order that a copy
of this opinion be delivered to the Clerk of Court for the
Twenty-Fourth Judicial District Court for the Parish of
Jefferson Parish District Attorney filed a bill of
information on July 24, 2015, charging Defendant with
possession of cocaine in violation of La. R.S. 40:967(C).
Defendant's July 27, 2015 arraignment, he entered a plea
of not guilty. On September 10, 2015, defense counsel filed a
Motion to Appoint a Sanity Commission to Determine
Defendant's Competency to Stand Trial. Subsequently, on
May 4, 2016, a competency hearing was held where attorneys
for the parties jointly requested that the forensic
psychiatrist and forensic psychologist who initially
evaluated Defendant be allowed to re-assess his mental
capacity. On July 20, 2016, the district court found
Defendant competent to stand trial. On that date, Defendant
withdrew his not guilty plea and entered a plea of guilty.
The district court sentenced Defendant, in accordance with
the plea agreement, to five years hard labor with the
provision that he not be multi-billed. The district
court ordered that Defendant's sentence run concurrently
with case 15-3900 and "any and all other time
imposed" and that he receive credit for time served.
Finally, the district court recommended Defendant be afforded
self-help or substance abuse programs available through the
Department of Corrections, and ordered Defendant to pay $1,
417.50 in accordance with the court's schedule of fines,
fees, sentencing provisions, and probation requirements.
February 26, 2018, Defendant filed an application for
post-conviction relief in the district court. His application
was dismissed without prejudice on March 2,
2018. Defendant filed a writ with this Court on
April 4, 2018, seeking a review of the district court's
denial and was granted leave to seek an out-of-time appeal on
May 22, 2018. On June 8, 2018, the Louisiana Appellate
Project was appointed as defense counsel. Defense counsel has
filed an Anders brief requesting an errors patent
review and a motion to withdraw as Defendant's counsel of
20, 2016, Defendant pled guilty to possession of cocaine in
violation of La. R.S. 40:967(C) without proceeding to trial.
As a result of Defendant's guilty plea, the underlying
facts regarding the crime of conviction were not fully
developed in the record. However, at the time of
Defendant's guilty plea and sentence, the State alleged
that it could prove beyond a reasonable doubt that on or
about June 26, 2015, Defendant did knowingly or intentionally
possess cocaine in violation of La. R.S. 40:967(C).
appointed appellate counsel filed a brief pursuant to
Anders v. California, supra, and State
v. Jyles, supra, asserting that she has
thoroughly reviewed the trial court record and could find no
non-frivolous issues to raise on ...