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
composed of Judges Jude G. Gravois, Stephen J. Windhorst, and
Hans J. Liljeberg
STEPHEN J. WINDHORST JUDGE.
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.
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
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 Boykinrights, 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.
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.
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),