APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 15-3372, DIVISION
"N" HONORABLE STEPHEN D. ENRIGHT, JR., JUDGE
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D.
COUNSEL FOR DEFENDANT/APPELLANT, FREDDIE D. GREENUP Lieu T.
composed of Judges Susan M. Chehardy, Fredericka Homberg
Wicker, and Marc E. Johnson
FREDERICKA HOMBERG WICKER JUDGE
criminal appeal, defendant, Freddie Greenup, sought review of
his convictions and sentences, imposed pursuant to guilty
pleas, for four counts of distribution of cocaine in
violation of La. R.S. 40:967(A); two counts of possession
with intent to distribute cocaine in violation of La. R.S.
40:967(A); two counts of being a felon in possession of a
firearm in violation of La. R.S. 14:95.1; and an adjudication
and enhanced sentence as a multiple offender pursuant to La.
finding that defense counsel's brief failed to comply
with the requirements set forth in Anders v.
California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493
(1967), this Court issued an order instructing defense
counsel to file a separate brief addressing the voluntariness
of defendant's guilty pleas. We subsequently issued a per
curiam order, remanding the matter to the trial court to hold
a hearing to determine whether defendant's pleas were
knowingly and voluntarily made. Specifically, this Court
Our independent review of the record reflects a potential
issue for appeal not addressed by counsel in her
Anders brief. The record reflects that the trial
judge imposed an illegally lenient sentence on
defendant's convictions for being a felon in possession
of a firearm in violation of La. R.S. 14:95.1. As stated
above, the trial court sentenced defendant to fifteen years
at hard labor for each of his felon in possession of a
firearm convictions in violation of La. R.S. 14:95.1, with
only the first ten years of each sentence to be served
without benefit of probation, parole, or suspension of
sentence However, La. R.S. 14:95.1 requires that the
entirety of a defendant's sentence be imposed without
benefit of probation, parole, or suspension of sentence.
See La R.S. 14:95.1; State v. Simmons,
17-385 (La.App. 5 Cir. 12/27/17), 237 So.3d 610, 612, n.4.
During defendant's Boykin colloquy, the trial
court advised defendant as follows:
You understand that at the end of your guilty plea it's
my intention to sentence you to 15 years at hard labor in
the Department of Correction. Ten years of that on the
14:95.1 charge will be ordered to be served without benefit
o[f] probation or parole or suspension of sentence and two
years of each of the other counts will be ordered to [be]
served without benefit o[f] probation or parole or
suspension of sentence?
Say that again.
Sure. Of the 15 years that I intend to give you on all of
these different counts, on the two counts of being a felon
in possession of a firearm, ten years of that sentence will
be without benefit or (sic) probation or parole or