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State v. Greenup

Court of Appeals of Louisiana, Fifth Circuit

April 10, 2019

STATE OF LOUISIANA
v.
FREDDIE D. GREENUP

          ON 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 PRESIDING

          COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D. Connick, Jr.

          COUNSEL FOR DEFENDANT/APPELLANT, FREDDIE D. GREENUP Lieu T. Vo Clark

          Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and Marc E. Johnson

          FREDERICKA HOMBERG WICKER JUDGE

         In this 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. R.S. 15:529.1.

         After 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 stated:

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:
Court:
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?
Defendant:
Say that again.
Court:
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 ...

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