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State v. Carriere

Court of Appeals of Louisiana, Fifth Circuit

December 26, 2019

STATE OF LOUISIANA
v.
JOHN E. CARRIERE

          ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 11-4837, DIVISION "G" HONORABLE E. ADRIAN ADAMS, JUDGE PRESIDING

          COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D. Connick, Jr. Thomas J. Butler Darren A. Allemand

          COUNSEL FOR DEFENDANT/APPELLANT, JOHN E. CARRIERE Katherine M. Franks

          Panel composed of Judges Jude G. Gravois, Stephen J. Windhorst, and Hans J. Liljeberg

          STEPHEN J. WINDHORST JUDGE.

         Defendant, John Carriere, appeals his conviction and sentence for indecent behavior with a juvenile under the age of thirteen. For the reasons that follow, we affirm defendant's conviction and sentence and remand this matter with instructions. We also grant appellate counsel's motion to withdraw as attorney of record for defendant.

         PROCEDURAL HISTORY

         On September 27, 2011, the Jefferson Parish District Attorney filed a bill of information charging defendant, John E. Carriere, with sexual battery of a juvenile under the age of thirteen in violation of La. R.S. 14:43.1. On December 19, 2011, defendant pled not guilty at his arraignment. Trial was scheduled for March 10, 2014, but defendant failed to appear and was at large for over four years before he was eventually apprehended.

         Following defendant's apprehension, on March 15, 2019, the trial court granted the State's notice of intent to introduce evidence of defendant's flight. Jury selection occurred on April 15, 2019. Then, on April 17, 2019, the State amended the bill of information to charge defendant with indecent behavior with a juvenile under the age of thirteen in violation of La. R.S. 14:81(H)(2). On that same date, defendant withdrew his plea of not guilty, and after being advised of his Boykin[1]rights, pled guilty to the amended charge. In accordance with the plea agreement, the trial court sentenced defendant to fifteen years at hard labor with two years to be served without the benefit of parole, probation, or suspension of sentence. The trial court also advised defendant that he must comply with the sex offender registration and notification requirements.

         Because defendant pled guilty, the facts underlying his conviction are not fully developed in the record. Nevertheless, the amended bill of information provides that on or between October 4, 2008 and October 28, 2009, in Jefferson Parish, defendant violated La. R.S. 14:81(H)(2) by committing the crime of indecent behavior with a juvenile under the age of thirteen (D.O.B. 7-29-1996). During the colloquy, the State set forth the following factual basis:

Your Honor, with regard to our Bill as amended in case number 11- 4837, had this matter proceeded to trial, the State's evidence would have proven beyond a reasonable doubt, with competent witnesses and admissible evidence, that on or between October 4th the year 2008, and October 28th of the year 2009, in Jefferson Parish, Mr. Carriere committed a violation of Louisiana Revised Statute 14:81, and specifically, 14:81H(2); in that, he with the intention of arousing or gratifying the sexual desires of either party, committed a lewd and/or lacivious [sic] act upon the person or in the presence of a child who was under age seventeen, where the age difference between the two was greater than two years. We would specifically note that the victim in this case was younger than thirteen years of age at the time of the commission of that offense. And, as I indicated, Your Honor, that occurred in Jefferson Parish.
On May 10, 2019, defendant filed a timely motion for appeal, which was granted.

         ANDERS BRIEF

         Under the procedure adopted by this Court in State v. Bradford, 95-929 (La.App. 5 Cir. 6/25/96), 676 So.2d 1108, 1110-11, 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. 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 ...


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