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
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D.
Connick, Jr. Terry M. Boudreaux
COUNSEL FOR DEFENDANT/APPELLANT, HENRY L. MARK Prentice L.
composed of Judges Fredericka Homberg Wicker, Jude G.
Gravois, and Stephen J. Windhorst
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.
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
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.
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
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.
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