APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 15-4648, DIVISION
"O" HONORABLE DANYELLE M. TAYLOR, JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D.
Connick, Jr., Terry M. Boudreaux.
COUNSEL FOR DEFENDANT/APPELLANT, WILLIAM J. SHELBY Bertha M.
composed of Judges Marc E. Johnson, Stephen J. Windhorst, and
Hans J. Liljeberg.
STEPHEN J. WINDHORST JUDGE.
appeal, defendant's appointed appellate counsel filed an
Anders brief on defendant's behalf asserting
that there is no basis for a non-frivolous appeal. For the
reasons that follow, we grant defense counsel's motion to
withdraw as counsel of record, and affirm defendant's
convictions, habitual offender stipulation, sentence on count
one and his enhanced sentence on count two. We amend and
affirm as amended defendant's sentence on count three,
and remand with instructions consistent with this opinion.
August 6, 2015, the Jefferson Parish District Attorney filed
a bill of information charging defendant, William J. Shelby,
with possession with the intent to distribute marijuana, in
violation of La. R.S. 40:966 A (count one); possession with
the intent to distribute cocaine, in violation of La. R.S.
40:967 A (count two); and possession with the intent to
distribute methamphetamine, in violation of La. R.S. 40:967 A
(count three). On October 13, 2015, defendant pled not guilty
at his arraignment.
August 31, 2017, defendant withdrew his not guilty pleas and
pled guilty as charged. The trial court sentenced defendant
to fifteen years in the Department of
Corrections on all counts to run concurrent with each
other and any and all other time imposed. The court ordered
defendant to comply with the schedule of "fines, fees,
sentencing provision and probation requirements form,"
within twelve months of release, which included the payment
of a $500 fine. The trial court also ordered that the first
two years of counts two and three to be served without the
benefit of probation, parole, or suspension of sentence.
same day, the State filed a habitual offender bill of
information alleging defendant to be a second felony offender
on count two, to which defendant stipulated. The trial court
vacated the original sentence on count two and resentenced
defendant to fifteen years in the Department of Corrections
with the first two years of the sentence to be served
"without benefits and the entirety of his sentence shall
be without the benefit of probation or suspension of
sentence" and to run concurrently with any and all other
March 6, 2018, defendant filed an application for
post-conviction relief seeking an out-of-time appeal, which
was granted by the trial court on March 15, 2018. This appeal
defendant entered guilty pleas, the underlying facts were not
fully developed at trial. However, during the guilty plea
colloquy, the State provided the following factual basis for
the guilty pleas:
[T]he state would be able to prove beyond a reasonable doubt
as to count one that on or about April 16, 2014, the
defendant violated Revised Statute 40:966A in that he did
knowingly or intentionally ...