State v. Dugas

Full title: STATE OF LOUISIANA v. LIONEL PAUL DUGAS

Court: Court of Appeal of Louisiana, Third Circuit

Date published: Oct 12, 2011

No. 11-169 (La. Ct. App. Oct. 12, 2011)

Opinion

No. 11-167.

October 12, 2011. NOT DESIGNATED FOR PUBLICATION

APPEAL FROM THE SIXTEENTH JUDICIAL DISTRICT COURT PARISH OF IBERIA, NO. 07-2346 HONORABLE GERARD B. WATTIGNY, DISTRICT JUDGE.

J. Phillip Haney, District Attorney, Walter J. Senette, Jr., Assistant District Attorney, New Iberia, Louisiana, Counsel for: State of Louisiana.

G. Paul Marx, Louisiana Appellate Project, Lafayette, Louisiana, Counsel for Defendant/Appellant: Lionel Paul Dugas.

Lionel Paul Dugas, In Proper Person, Ferriday, Louisiana, Defendant.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, MARC T. AMY, and PHYLLIS M. KEATY, Judges.

AMY, J., dissents.

KEATY, Judge.

Defendant, Lionel Paul Dugas, pled guilty to illegal possession of stolen things, in violation of La.R.S. 14:69, on January 8, 2010. As part of the plea agreement, Defendant agreed to plead guilty to forgery in trial court docket number 07-1638, which is before this court in appellate docket number 11-165, and unauthorized use of a motor vehicle in trial court docket number 09-2265, which is before this court in appellate docket number 11-169. The plea agreement between the State and Defendant included a provision that Defendant was "to plead as a second felony offender on a multiple offender bill of information."

Appellate counsel has filed an Anders brief in this matter, as well as in appellate docket numbers 11-165 and 11-169. In appellate docket number 11-165, this court has denied appellate counsel's motion to withdraw and counsel has been ordered to file a new brief addressing several issues, including the voluntariness of Defendant's guilty plea to the habitual offender bill of information. Because of the possible impact on the case at bar, we are issuing a stay order in appellate docket number 11-167, pending receipt and review of the briefs in appellate docket number 11-165.

MOTION TO WITHDRAW DENIED; PROCEEDINGS STAYED.

This opinion is NOT DESIGNATED FOR PUBLICATION. Uniform Rules — Courts of Appeal, Rule 2-16.3.

ORDER

IT IS HEREBY ORDERED that all proceedings in the above-captioned criminal case are hereby stayed pending disposition of the appeal in State v. Dugas, docket number 11-165.

THUS DONE AND SIGNED this ___ day of ___, 2011.

Amy, J., dissents.