APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 17-3336, DIVISION
"J" HONORABLE STEPHEN C. GREFER, JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D.
Connick, Jr. Terry M. Boudreaux
COUNSEL FOR DEFENDANT/APPELLANT, KENDALL E. TURNER Cynthia K.
composed of Judges Stephen J. Windhorst, Hans J. Liljeberg,
and John J. Molaison, Jr.
J. LILJEBERG, JUDGE
appeals his conviction and sentence for one count of simple
burglary. For the following reasons, we affirm. We also grant
appellate counsel's motion to withdraw as counsel of
Kendall Turner, was charged by bill of information with one
count of simple burglary of a 2013 Chevrolet Silverado, in
violation of La. R.S. 14:62. He initially pleaded not guilty.
Thereafter, defendant withdrew his not guilty plea, and after
being advised of his Boykin rights, pleaded guilty as
charged. In accordance with the plea agreement,
defendant was sentenced to eight years imprisonment in the
Department of Corrections, a five hundred dollar fine, court
costs, and two hundred ninety-two dollars in restitution. The
court suspended the fine, ordered defendant's sentence to
run concurrently with his parole revocation, and recommended
defendant for drug treatment and any self-help programs
available in the Department of Corrections.
defendant's conviction was the result of a guilty plea,
the facts underlying the crime of conviction are not fully
developed in the record. Thus, the facts were gleaned from
the bill of information which alleged that on April 26, 2017,
defendant violated La. R.S. 14:62 "in that he did commit
simple burglary of a 2013 Chevrolet Silverado belonging to
Dane Goodwin," in Jefferson Parish.
to the procedure adopted by this Court in State v.
Bradford, 95-929, pp. 3-4 (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, under 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 counsel requests
permission to withdraw as counsel of record.
Anders, supra, the United States Supreme
Court stated that appointed appellate counsel may request
permission to withdraw if she finds her case to be wholly
frivolous after a conscientious examination of
The request must be accompanied by "'a brief
referring to anything in the record that might arguably
support the appeal'" so as to provide the reviewing
court "with a basis for determining whether appointed
counsel have fully performed their duty to support their
clients' appeals to the best of their ability" and
to assist the reviewing court "in making the critical
determination whether the appeal is indeed so frivolous that
counsel should be permitted to withdraw." McCoy v.
Court of Appeals of Wisconsin, Dist. 1, 486 U.S. 429,
439, 108 S.Ct. 1895, 1902, 100 L.Ed.2d 440 (1988).
Jyles, 96-2669, 704 So.2d at 241, the Louisiana
Supreme Court stated that an Anders brief need not
tediously catalog every meritless pretrial motion or
objection made at trial with a detailed explanation of why
the motions or objections lack merit. The supreme court
explained that an Anders brief must demonstrate by
full discussion and analysis that appellate counsel "has
cast an advocate's eye over the trial record and
considered whether any ruling made by the trial court,
subject to the ...