Opinion
No. 11-87.
June 1, 2011. NOT DESIGNATED FOR PUBLICATION
APPEAL FROM THE THIRTIETH JUDICIAL DISTRICT COURT PARISH OF VERNON, NO. 78080 HONORABLE VERNON BRUCE CLARK, DISTRICT JUDGE.
Asa Allen Skinner, District Attorney — Thirtieth Judicial District, Scott Westerchil — Assistant District Attorney, Leesville, Louisiana, COUNSEL FOR APPELLEE: State of Louisiana.
Annette Fuller Roach, Louisiana Appellate Project, Lake Charles, Louisiana, COUNSEL FOR DEFENDANT/APPELLANT: Gary Lyne Coker.
Court composed of SYLVIA R. COOKS, J. DAVID PAINTER, and JAMES T. GENOVESE, Judges.
On February 12, 2010, Defendant, Gary Lyne Coker, was charged with the October 25, 2009 theft of goods valued over $500.00. On October 15, 2010, Defendant entered into a plea agreement wherein the State agreed to amend the original charge to possession of stolen things with a value over $500.00, in violation of La.R.S. 14:69(B)(1), and to refrain from filing an habitual offender bill based upon the guilty plea. In accordance with his plea agreement, Defendant pled guilty to the amended charge of possession of stolen things with a value over $500.00.
Defendant was sentenced on December 8, 2010. After considering the facts of the case and the information contained in the presentence investigation report, the trial court ordered Defendant to serve ten years at hard labor, to pay a fine of $1,500.00, and to pay court costs. The trial court then ordered Defendant's sentence to run concurrently with any other sentences being served by him, and he was given credit for time served. Defendant did not file a motion to reconsider sentence.
Defendant now appeals his sentence only. We affirm Defendant's sentence and grant appellate defense counsel's Motion to Withdraw as Attorney of Record.
FACTS
At the guilty plea hearing, the State set forth the following factual basis for Defendant's plea:
[O]n or about October 25th, 2009[,] in Vernon Parish, this defendant along with another co-defendant . . . [were] found to have in their possession a generator belonging to Woodlands Nursing Home [having] a value of approximately twenty-five hundred dollars, under circumstances which the defendants, including Mr. Coker, would have known it had been subject of a theft.
ERRORS PATENT
In accordance with La. Code Crim.P. art. 920, all appeals are reviewed for errors patent on the face of the record. After reviewing the record, we find no errors patent.
ANDERS ANALYSIS
Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), and State v. Jyles, 96-2669 (La. 12/12/97), 704 So.2d 241, Defendant's appellate counsel filed a brief stating she found no errors that would support the reversal of Defendant's guilty plea or sentence. Counsel avers she has forwarded a copy of her brief and motion to Defendant. Defendant's appellate attorney, therefore, seeks to withdraw as counsel of record.
In State v. Benjamin, 573 So.2d 528, 531 (La.App. 4 Cir. 1990), the fourth circuit explained the Anders analysis:
When appointed counsel has filed a brief indicating that no non-frivolous issues and no ruling arguably supporting an appeal were found after a conscientious review of the record, Anders requires that counsel move to withdraw. This motion will not be acted on until this court performs a thorough independent review of the record after providing the appellant an opportunity to file a brief in his or her own behalf. This court's review of the record will consist of (1) a review of the bill of information or indictment to insure the defendant was properly charged; (2) a review of all minute entries to insure the defendant was present at all crucial stages of the proceedings, the jury composition and verdict were correct and the sentence is legal; (3) a review of all pleadings in the record; (4) a review of the jury sheets; and (5) a review of all transcripts to determine if any ruling provides an arguable basis for appeal. Under C.Cr.P. art. 914.1(D) this Court will order that the appeal record be supplemented with pleadings, minute entries and transcripts when the record filed in this Court is not sufficient to perform this review.
Pursuant to Anders and Benjamin, we have performed a thorough review of the record, including pleadings, minute entries, the charging instrument, and the transcripts, and have confirmed the statements by counsel. Defendant was present and represented by counsel at all crucial stages of the proceedings. Defendant entered a free and voluntary guilty plea after being properly advised of his right to trial, his right of confrontation, and his privilege against self-incrimination, in accordance with Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709 (1969). Finally, Defendant's term of imprisonment and fine fall within the statutory sentencing range.
We have found no issues which would support an assignment of error on appeal. Therefore, we affirm Defendant's sentence and grant appellate defense counsel's Motion to Withdraw as Attorney of Record.
SENTENCE AFFIRMED. MOTION TO WITHDRAW GRANTED.
This opinion is NOT DESIGNATED FOR PUBLICATION. Uniform Rules — Courts of Appeal, Rule 2-16.3.
ORDER
After consideration of appellate defense counsel's Motion to Withdraw as Attorney of Record and the appeal presently pending in the above-captioned matter,
IT IS HEREBY ORDERED that appellate defense counsel's Motion to Withdraw as Attorney of Record is granted.
THUS DONE AND SIGNED this _____ day of May, 2011.