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State v. Mark

Court of Appeals of Louisiana, Fifth Circuit

December 19, 2018

STATE OF LOUISIANA
v.
HENRY L. MARK

          ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 16-4298, DIVISION "G" HONORABLE JOHN J. MOLAISON, JR., JUDGE PRESIDING

          COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D. Connick, Jr. Terry M. Boudreaux

          COUNSEL FOR DEFENDANT/APPELLANT, HENRY L. MARK Prentice L. White

          Panel composed of Judges Fredericka Homberg Wicker, Jude G. Gravois, and Stephen J. Windhorst

          G. GRAVOIS JUDGE

         Defendant, Henry L. Mark, appeals his conviction and sentence resulting from a guilty plea to simple robbery. His appointed appellate counsel has filed a brief in conformity with the procedure outlined in State v. Bradford, 95-929 (La.App. 5 Cir. 6/25/96), 676 So.2d 1108, 1110-11, asserting that he 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 curium), appointed appellate counsel requests permission to withdraw as counsel of record for defendant. After thorough review of the record, we agree with counsel's assessment of the case and accordingly affirm defendant's conviction and sentence and grant the motion to withdraw.

         PROCEDURAL HISTORY

         On August 12, 2016, the Jefferson Parish District Attorney filed a bill of information charging defendant, Henry L. Mark, with armed robbery with a firearm in violation of La. R.S. 14:64 and La. R.S. 14:64.3(A) (count one), and with aggravated second degree battery in violation of La. R.S. 14:34.7 (count two). That same date, defendant was arraigned and pled not guilty.[1]

         Pursuant to a negotiated plea agreement, on May 15, 2017, the State amended count one in the bill of information to simple robbery in violation of La. R.S. 14:65 and dismissed count two. Defendant withdrew his plea of not guilty and tendered a plea of guilty to the amended charge of simple robbery, and the trial court conducted a colloquy with him. After accepting his guilty plea, the trial court sentenced defendant in accordance with the plea agreement to seven years imprisonment at hard labor.[2]

         On May 21, 2018, defendant filed a Uniform Application for Post-Conviction Relief seeking an out-of-time appeal. On May 23, 2018, the trial court dismissed defendant's application without prejudice and granted him an out-of-time appeal.

         FACTS

         Defendant pled guilty. Therefore, the facts of this case were not fully developed at a trial. The amended bill of information provides that on or about May 28, 2016, in Jefferson Parish, defendant violated La. R.S. 14:65 by robbing Trey Gisclair. The State also provided the following factual basis for the charge during the colloquy: if it were to proceed to trial, the State would prove beyond a reasonable doubt that on or about May 28, 2016, defendant violated La. R.S. 14:65 by robbing Trey Gisclair.

         ANDERS BRIEF

         Under the procedure adopted by this Court in State v. Bradford, supra, appointed appellate counsel has filed a brief asserting that he has thoroughly reviewed the trial court record and cannot find any non-frivolous issues to raise on appeal. Accordingly, pursuant to Anders v. California, supra, and State v. ...


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