Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Johnson

Court of Appeals of Louisiana, Fifth Circuit

September 4, 2019

STATE OF LOUISIANA
v.
THADDEUS JOHNSON

          ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 99-6773, DIVISION "M" HONORABLE HENRY G. SULLIVAN, JR., JUDGE PRESIDING

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

          COUNSEL FOR DEFENDANT/APPELLANT, THADDEUS JOHNSON Jane L. Beebe.

          Panel composed of Judges Marc E. Johnson, John J. Molaison, Jr., and Robert M. Murphy, Ad Hoc

          JOHN J. MOLAISON, JR. JUDGE.

         Defendant, Thaddeus Johnson, appeals following his re-sentencing as a third-felony offender. For the reasons that follow, we affirm defendant's sentence, grant appellate counsel's motion to withdraw, and remand for correction of the Uniform Commitment Order.

         FACTS AND PROCEDURAL HISTORY

         This is defendant's second appeal. In State v. Johnson, 01-0842 (La. App. 5 Cir. 2/13/02), 812 So.2d 106, writ denied, 02-1037 (La. 3/21/03), 840 So.2d 532, this Court affirmed defendant's convictions for two counts of armed robbery and enhanced life sentence as a multiple offender. Thereafter, defendant's application for post-conviction relief was denied. State v. Johnson, 04-496 (La. App. 5 Cir. 5/5/04) (unpublished writ disposition), State ex rel Johnson v. State, 04-1491 (La. 4/8/05), 899 So.2d 3. On July 27, 2018, defendant filed a pro se Motion and Order to Correct Illegal Sentence and Request for Resentencing Hearing in which he argued that his life sentence without benefits as a third-felony offender was illegal in light of State ex rel. Esteen v. State, 16-0949 (La. 1/30/18), 239 So.3d 233, rehearing denied, 16-0949 (La. 3/13/18), 239 So.3d 266, and the more lenient provisions enacted by Act No. 403 of the 2001 Regular Legislative Session and Act No. 45 of the 2006 First Extraordinary Legislative Session. On August 9, 2018, the State filed a response to defendant's motion, conceding that he was entitled to resentencing under the ameliorative changes in Act No. 403 under the holding of Esteen and that defendant's now illegal sentence, imposed pursuant to the then-existing version of La. R.S. 15:529.1(A)(1)(b)(ii)-which at the time mandated a sentence of life imprisonment for a third-felony offender-should be corrected. The State affirmed that defendant was therefore entitled to resentencing to a term not less than 66 years of imprisonment and not more than 198 years of imprisonment.

         On October 11, 2018, the trial court vacated defendant's life sentence and resentenced him to serve 66 years at hard labor without the benefit of parole, probation, or suspension of sentence. On November 13, 2018, defendant filed a pro se written motion for appeal that was granted on November 28, 2018. The instant appeal followed.

         LAW AND DISCUSSION

         Anders Brief

         Under the procedure adopted by this Court, appointed appellate counsel has filed a brief asserting that she has thoroughly reviewed the trial court record and cannot find any non-frivolous issues to raise on appeal.[1] Accordingly, pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967) and State v. Jyles, 96-2669 (La. 12/12/97), 704 So.2d 241 (per curiam), appointed counsel has filed a motion to withdraw as counsel of record.

         In Anders, supra the United States Supreme Court stated that appointed appellate counsel may request permission to withdraw if he finds the defendant's case to be wholly frivolous after a conscientious examination of it.[2] The request must be accompanied by "a brief referring to anything in the record that might arguably support the appeal" so as to provide the reviewing court "with a basis for determining whether appointed counsel have fully performed their duty to support their clients' appeals to the best of their ability" and to assist the reviewing court "in making the critical determination whether the appeal is indeed so frivolous that counsel should be permitted to withdraw." McCoy v. Court of Appeals of Wisconsin, Dist. 1, 486 U.S. 429, 439, 108 S.Ct. 1895, 1902, 100 L.Ed.2d 440 (1988) (internal citations omitted).

         In State v. Jyles, 704 So.2d at 241, the Louisiana Supreme Court stated that an Anders brief need not tediously catalog every meritless pretrial motion or objection made at trial with a detailed explanation of why the motions or objections lack merit. The Supreme Court explained that an Anders brief must demonstrate by full discussion and analysis that appellate counsel "has cast an advocate's eye over the trial record and considered whether any ruling made by the trial court, subject to the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.