FROM THE TENTH JUDICIAL DISTRICT COURT PARISH OF
NATCHITOCHES, NO. C 23803 HONORABLE DESIREE DYESS, DISTRICT
Joseph Harrington District Attorney Tenth Judicial District
COUNSEL FOR APPELLEE: State of Louisiana
Corley Marx Louisiana Appellate Project COUNSEL FOR
APPELLANT: Marlon Ray Rachal, II
composed of Sylvia R. Cooks, Billy H. Ezell, and John E.
R. COOKS JUDGE.
AND PROCEDURAL HISTORY
March 5, 2006, Defendant, Marlon Ray Rachal, II, and his
father, Marlon Rachal, Sr., had an argument over some
speakers. At some point in the dispute, Defendant fatally
shot his father in their home.
was indicted for the second degree murder of Marlon Rachal,
Sr., a violation of La.R.S. 14:30.1, on April 15, 2016.
Defendant originally entered a plea of not guilty, but he
changed his plea to guilty of manslaughter, a violation of
La.R.S. 14:31, on November 16, 2017. The indictment was
amended at the plea hearing pursuant to the plea agreement.
trial court sentenced Defendant to serve thirty years with
the Department of Corrections at hard labor, with credit for
time served. Defendant filed a motion to reconsider his
sentence, and the trial court denied it on April 16, 2018.
Defendant filed a motion for appeal on May 18, 2018, but the
trial court denied it as untimely on June 19, 2018. Defendant
filed a motion for an out-of-time appeal on October 8, 2018,
and the trial court granted the appeal the same day.
counsel has filed a brief pursuant to Anders v.
California, 386 U.S. 738, 87 S.Ct. 1396 (1967), alleging
there are no non-frivolous issues on which to base an appeal
and seeking to withdraw as Defendant's counsel. Defendant
has also filed a pro se brief. We grant the motion to
withdraw and affirm Defendant's conviction and sentence.
We also instruct the trial court to notify Defendant of the
time limitation of La.Code Crim.P. art. 930.8.
SE ASSIGNMENT OF ERROR
sent a letter to this court explaining how another defendant,
also in Natchitoches and a year older than he, was sentenced
to twenty years of imprisonment with five years of supervised
probation in a similar case. That defendant had also been
charged with second degree murder and had pled guilty to
manslaughter. Defendant submitted what purported to be an
article about the other defendant's case, and he asked
this court to consider lessening his sentence based on that
sentence was based on the record of this matter. As discussed
further below, Defendant signed a plea agreement that waived
his right to appeal his sentence, and he also received a
substantial benefit from his guilty plea. An unsubstantiated
article not filed in the trial court cannot constitute
sufficient evidence on which to shorten the term of