Opinion
No. 46,503–KA.
2011-09-21
STATE of Louisiana, Appelleev.Christopher Emmanuel ELZIE (a/k/a Christopher Miller, a/k/a Lil Chris), Appellant.
Louisiana Appellate Project, Lafayette, LA, by G. Paul Marx, for Appellant.Jerry L. Jones, District Attorney, Ellen R. Eade, John Freeman Aplin, Assistant District Attorneys, for Appellee.
Louisiana Appellate Project, Lafayette, LA, by G. Paul Marx, for Appellant.Jerry L. Jones, District Attorney, Ellen R. Eade, John Freeman Aplin, Assistant District Attorneys, for Appellee.
PEATROSS, J.
Defendant, Christopher Emmanuel Elzie, was charged with armed robbery in violation of La. R.S. 14:64, two counts of aggravated burglary in violation of La. R.S. 14:60, conspiracy to commit armed robbery in violation of La. R.S. 14:26 & 14:64, two counts of conspiracy to commit aggravated burglary in violation of La. R.S. 14:26 & 60 and aggravated battery in violation of La. R.S. 14:34. Pursuant to a plea bargain, Defendant pled guilty to armed robbery and was sentenced to 13 years' imprisonment at hard labor without the benefit of probation, parole or suspension of sentence. Defendant now appeals. Defendant's appellate counsel has filed a motion to withdraw, together with a Benjamin brief in support of the motion.
For the following reasons, the motion to withdraw is granted and Defendant's conviction and sentence are affirmed.
DISCUSSION
As stated, Defendant was charged by bill of information with one count of armed robbery, two counts of aggravated burglary, one count of conspiracy to commit armed robbery, two counts of conspiracy to commit aggravated burglary and one count of aggravated battery. On July 12, 2010, as part of a plea agreement, Defendant pled guilty as charged to one count of armed robbery in exchange for the State's agreement to drop the remaining charges and not to file a habitual offender bill against Defendant.
During the plea colloquy, Defendant admitted that, on February 4, 2009, he and his brother and two other acquaintances went to someone's apartment with the intent of breaking into the residence. His brother was armed with a revolver when the two men encountered Brian Dushense exiting a vehicle. Defendant grabbed and held Dushense while Defendant's brother struck the victim with a “long pipe” revolver and demanded access to the apartment. Defendant went through Dushense's vehicle and took unspecified items of value. Meanwhile, Defendant's brother attempted
to break into the apartment, but an occupant used a bat to disarm him. In a post-arrest statement, Defendant told police he had broken into the apartment on a prior occasion and taken a PlayStation and that he and the other perpetrators had come to steal items from the apartment again.
After a thorough colloquy with Defendant regarding his constitutional rights under Boykin
CONCLUSION
The motion to withdraw is granted and the conviction and sentence of Defendant, Christopher Emmanuel Elzie, are affirmed.
AFFIRMED.
FN1. State v. Benjamin, 573 So.2d 528 (La.App. 4th Cir.1990).
FN2. Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969).