Counsel for Plaintiff/Appellee, State of Louisiana, Paul D.
Connick, Jr., Terry M. Boudreaux, Gail D. Schlosser, Joshua
Counsel for Defendant/Appellant, Akando Ducksworth Holli A.
composed of Judges Jude G. Gravois, Robert A. Chaisson, and
John J. Molaison, Jr.
ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT
COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 15-6406,
DIVISION "I" HONORABLE NANCY A. MILLER, JUDGE
A. CHAISSON, JUDGE.
the second appeal of defendant, Akando Ducksworth, and
pertains only to the restitution hearing conducted on August
16, 2018. In this appeal, defendant's appointed appellate
counsel has filed a brief pursuant to Anders v.
California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493
(1967), asserting that there are no non-frivolous issues to
be raised on appeal and requesting permission to withdraw as
attorney of record for defendant. We agree with counsel's
assertion, affirm the imposition of restitution, and grant
appellate counsel's motion to withdraw as attorney of
record for defendant.
August 31, 2016, following a jury trial, defendant was found
guilty of attempted manslaughter, in violation of La. R.S.
14:27 and 14:31, and on September 6, 2016, was sentenced to
twelve years imprisonment at hard labor. Immediately after
sentencing, defendant filed a motion for appeal, which the
trial court granted that same date.
January 5, 2017, subsequent to the granting of
defendant's appeal motion, the trial court conducted a
restitution hearing. At that hearing, the medical bills of
the victim, Joshua Hardin, were introduced into evidence, and
the parties thereafter stipulated that restitution was owed
to the victim in the amount of $166, 488.76.
December 13, 2017, on original appeal, this Court affirmed
defendant's conviction for attempted manslaughter and his
sentence of twelve years imprisonment at hard
labor. See State v. Ducksworth, 17-35
(La.App. 5 Cir. 12/13/17), 234 So.3d 225.
January 9, 2018, defendant filed a pro se motion for
a contradictory hearing to correct an illegal sentence,
arguing that the trial court did not have jurisdiction to
order restitution on January 5, 2017, pursuant to La. C.Cr.P.
art. 916, because his appeal was pending at that time. The
trial court agreed with defendant's argument, granted his
motion, and set the matter for a contradictory hearing and
August 16, 2018 hearing, the victim, Mr. Hardin, testified
regarding the medical expenses he incurred as a result of
defendant's actions and introduced into evidence the
medical bills related to the treatment he obtained as a
result of the offense. After the presentation of the
evidence, defense counsel requested the court reconsider the
original sentence imposed, asserting that while defendant
desired to make restitution payments, he would be unable to
do so while incarcerated. The trial court declined to
resentence defendant on the original sentence of twelve
years, noting that this Court had already upheld that
sentence. See State v. Ducksworth, 234 So.3d at 237.
to La. C.Cr.P. art. 883.2,  the trial court then ordered
defendant to pay restitution in the amount of $166, 488.76
based upon the documents submitted. The trial court also
directed the payments begin upon defendant's release from
incarceration. Defense counsel objected and thereafter filed
a motion for appeal, seeking review of the trial court's
denial of resentencing and the order of restitution. The
trial court granted defendant's motion for appeal and
appointed appellate counsel to represent him.
on September 11, 2018, defendant filed a pro se
notice of intent to file for supervisory writs, seeking
review of the trial court's August 16, 2018 denial of his
motion for a contradictory hearing to correct an illegal
sentence. On September 20, 2018, the trial court set a return
date of November 5, 2018, for defendant's writ
application. Defendant did, in fact, file a writ application
with this Court seeking review of the trial court's
August 16, 2018 ruling. On October 24, 2018, this Court
denied defendant's pro se writ application,
finding that defendant had failed to provide the necessary
documentation for review as required by Rule 4-5(C) of the
Uniform Rules-Courts of Appeal and also noting that
defendant's motion for appeal from the August 16, 2018
ruling had been granted. See State v. Ducksworth,
18-516 (La.App. 5 Cir. 10/24/18) (unpublished writ
defendant's appeal was lodged in this Court on November
2, 2018, his appointed appellate counsel filed a brief
pursuant to Anders v. California, supra,
and a motion to withdraw as attorney of record for defendant.
On December 6, 2018, the State filed a motion to dismiss the
appeal for lack of jurisdiction, contending the denial of
defendant's motion to correct illegal sentence is not an
appealable judgment. On December 13, 2018, this Court denied