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State v. Pabst

Court of Appeals of Louisiana, First Circuit

April 23, 2019

STATE OF LOUISIANA
v.
KARLY MACKENZIE PABST

          On Appeal from the 19th Judicial District Court In and for the Parish of East Baton Rouge State of Louisiana Trial Court No. 02-15-0398 Honorable Richard "Chip" Moore, Judge Presiding

          Hillar C. Moore, III District Attorney Monisa L. Thompson Assistant District Attorney Baton Rouge, LA Attorneys for Appellee, State of Louisiana

          Prentice L. White Baton Rouge, LA Attorney for Defendant -Appellant, Karly Mackenzie Pabst

          BEFORE: WHIPPLE, C.J., McCLENDON, AND HIGGINBOTHAM, JJ.

         

          HIGGINBOTHAM, J.

         The defendant, Karly Mackenzie Pabst, was charged by bill of information with harboring or concealing a sex offender, a violation of La. R.S. 15:551. The defendant pled not guilty. The defendant subsequently withdrew her not guilty plea and, at a Boykin hearing, pled guilty to the amended charge of inciting a felony in violation of La. R.S. l4;28.[1] See Boykin v. Alabama, 395 U.S. 238, 242, 89 S.Ct. 1709, 1712, 23 L.Ed.2d 274 (1969). The court deferred imposition of sentence, and placed the defendant on supervised probation for three years; the court also ordered the defendant to pay a $300 fine.

         The defendant subsequently absconded from her supervised probation. Her probation was revoked, and the court sentenced her to two years imprisonment at hard labor. The defendant now appeals.[2]

         FACTS

         Because the defendant pled guilty, the facts were not developed. At the Boykin hearing, the following information was provided:

[On or about October 22, 2014], Sheriffs officers along with members of the United States Marshal Union Task Force were attempting to execute two lawfully issued arrest warrants for her boyfriend, Mr. Robert Ruiz. He's a sex offender, and they were attempting to execute a warrant to that affect [sic]. They made contact with her at her residence. They had reason to believe that Mr. Ruiz was in the residence. She lied to the police. She lied to the marshal and was ultimately found to be harboring Mr. Ruiz. He was found in the residence.

         ISSUES PRESENTED

         Appellate counsel for the defendant has filed a motion to withdraw from the case. In accordance with the procedures outlined in Anders v. California, 386 U.S. 738, 744-745, 87 S.Ct. 1396, 1400, 18 L.Ed.2d 493 (1967); State v. Jyles, 96-2669 (La. 12/12/97), 704 So.2d 241 (per curiam); and State v. Benjamin, 573 So.2d 528, 530-531 (La.App. 4th Cir. 1990), [3] appellate counsel has filed a supporting brief to the motion to withdraw averring that, after a conscientious and thorough review of the record, he has found no nonfrivolous issues for appeal and no ruling of the trial court that arguably supports an appeal.

         Appellate counsel has notified the defendant of the filing of this motion and informed her of her right to file a pro se brief. The defendant has not filed a pro se brief with this court.

         This court has performed an independent, thorough review of the pleadings, minute entries, bill of information, and transcripts in the appeal record. The defendant was properly charged by bill of information with harboring or concealing a sex offender, a violation of La. R.S. 15:551; and she subsequently pled guilty, after being fully informed of her rights, to an amended charge of inciting a felony, a violation of La. R.S. 14:28. The bill of information was signed by the District Attorney or an assistant district attorney. The defendant was present and ...


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