APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 16-4060, 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
appointed appellate counsel filed an
Anders brief on defendant's behalf, asserting
there is no basis for a non-frivolous appeal. For the
following reasons, we remand the matter with instructions for
resentencing on count three. In all other respects, we affirm
defendant's convictions and sentences and grant appellate
counsel's motion to withdraw as counsel of record.
24, 2016, 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 of a
firearm while in possession of a controlled dangerous
substance, in violation of La. R.S. 14:95 E (count two);
possession with the intent to distribute MDMA, in violation
of La. R.S. 40:966 A (count three); and possession of a
firearm by a convicted felon, in violation of La. R.S.
14:95.1 (count four). On July 8, 2016, the State filed an
amended bill of information, adding a second predicate
conviction on count four, defendant's possession of a
firearm by a convicted felon charge. On June 12, 2017,
defendant pled not guilty.
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 count one; ten years in the Department
of Corrections without the benefit of probation, parole, or
suspension of sentence on count two; fifteen years in the
Department of Corrections on count three; and fifteen years
in the Department of Corrections without the benefit of
probation, parole, or suspension of sentence on count four.
The trial court further ordered all of his sentences to run
concurrently with each other and all other time
imposed. The trial court also 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. On 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.
defendant pled guilty, the underlying facts were not fully
developed at a trial. However, during the guilty plea
colloquy, the State provided the following factual basis for
the guilty plea:
[T]he state would be able to prove beyond a reasonable doubt
as to count one that on or about December 3, 2015, the
defendant violated Revised Statute 40:966.A, in that he did
knowingly or intentionally possess with the intent to
As to count two, on or about December 3rd, 2015, he violated
Revised Statute 14:95.E, in that he did possess a Glock
45-caliber firearm while in possession of oxycodone.
As to count three on that same date, that he violated Revised
Statute 40:966.A, in that he did knowingly or intentionally
possess with the intent to distribute MDMA.
And as to count four on that same date, that he violated
Revised Statute 14:951 [sic], in that having been previously
convicted of a felony, he was in ...