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State v. Patterson

Court of Appeals of Louisiana, First Circuit

July 3, 2019

STATE OF LOUISIANA
v.
JUSTIN PATTERSON

          On Appeal from The 16" Judicial District Court, Parish of St. Mary, State of Louisiana Trial Court No. 2013- 190882 The Honorable Lori A. Landry, Judge Presiding

          M. Bofill Duhe District Attorney Walter J. Senette Jr. Assistant District Attorney Attorneys for Appellee/Appellant, State of Louisiana.

          Sherry Watters, Attorney for Defendant/Appellant, Justin Patterson.

          BEFORE: McDONALD, CRAIN, AND HOLDRIDGE, JJ.

          HOLDRIDGE, J.

         The defendant, Justin Patterson, was found guilty of manslaughter and possession of a firearm by a convicted felon, and sentenced to concurrent sentences of 25 years and 15 years, respectively. See La. R.S. 14:31 and 14:95.1. In a subsequent habitual offender adjudication, the trial court found the defendant a third-felony habitual offender, vacated the 25-year manslaughter sentence, and resentenced him to 20 years imprisonment at hard labor without benefit of probation or suspension of sentence, to be served concurrently with the 15-year firearm sentence. The defendant and the state appeal. We affirm the convictions and habitual offender adjudication, amend the habitual offender sentence, and, as amended, affirm the sentence.

         FACTS

         On May 20, 2013, Natasha Garner was driving in Morgan City with two passengers, Mikki Dauntain and Brandon Scott. After being flagged down by several people, Natasha exited her vehicle and engaged in an altercation. During the altercation, a man carrying a handgun and with his face partially covered emerged from behind a nearby building, approached Garner's car and fired a single shot into the vehicle, fatally striking Dauntain in the head. The assailant fled.

         Garner identified the defendant, whom she had known all her life, as the shooter. Alani Clark was standing near the scene when the shooting occurred and also identified the defendant as the shooter. The defendant's girlfriend, Ashley Rudolph, testified the defendant told her he was trying to shoot Scott, who the defendant thought had recently robbed him, and did not mean to shoot Dauntain. Garner similarly testified she believed the defendant intended to shoot Scott. The defendant did not testify.

         DISCUSSION

         Defendant's Appeal

         The defendant requested and was granted an out-of-time appeal from his conviction. The brief filed by the defendant's counsel contains no assignments of error and was filed in accordance with Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 1400, 18 L.Ed.2d 493 (1967), and State v. Jyles, 96-2669 (La. 12/12/97), 704 So.2d 241 (per curiam).[1] Defense counsel complied with the requirements articulated in Anders and Jyles. Her brief and an accompanying motion to withdraw reflect that counsel reviewed the procedural history and facts of the case and concluded there are no non-frivolous issues for appeal. A copy of the brief was provided to the defendant and, in the motion to withdraw, defense counsel confirms the defendant was informed of his right to file a pro se brief. The defendant did not file a. pro se brief.

         This court has conducted an independent review of the record and finds no non-frivolous issues or trial court rulings that arguably support the defendant's appeal. His convictions and habitual offender adjudication are affirmed, and the motion to withdraw is granted. State's Appeal

         A motion to reconsider the sentence imposed under the habitual offender statute was denied, but timely appealed by the state. See La. Code Crim. Pro. art. 88l.2B; La. R.S. 15:529.1. The state argues the defendant was sentenced under ...


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