STATE OF LOUISIANA VERSUS ERROL VICTOR, SR.
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA NO. 14-KA-63 VERSUS FIFTH CIRCUIT ERROL VICTOR, SR. COURT OF APPEAL STATE OF LOUISIANA ON APPEAL FROM THE FORTIETH JUDICIAL DISTRICT COURT PARISH OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA NO. 12-249, DIVISION "B" HONORABLE MARY H. BECNEL, JUDGE PRESIDING COURT OF APPEAL FIFTH C1RCUIT September 24,2014 FILED SEP 2 4 2014· MARC E. JOHNSON JUDGE CLERK Cheryl QUirk Lan(ifloll Panel composed of Judges Susan M. Chehardy, Marc E. Johnson, and Robert M. Murphy PRENTICE L. WHITE ATTORNEY AT LAW Louisiana Appellate Project P. O. Box 74385 Baton Rouge, Louisiana 70874 COUNSEL FOR DEFENDANT/APPELLANT CONVICTION AND SENTENCE AFFIRMED; MOTION TO WITHDRAW GRANTED ~ 1/ Defendant, Errol Victor, Sr., appeals his conviction and three-year sentence fll for out-of-state bail jumping. For the reasons that follow, we affirm.' On August 7, 2012, Defendant was charged with out-of-state bail jumping in violation of La. R.S. 14:11 0.1.1. 2 After a Faretta' hearing where it was determined Defendant voluntarily and knowingly waived his right to counsel and was competent to represent himself, Defendant represented himself during a two-day trial. On May 22,2013, a 12-personjury found Defendant guilty as charged. The trial court sentenced him to three years imprisonment at hard labor and imposed a $2,000 fine. At trial, Lieutenant Kenneth Mitchell, with the St. John the Baptist Sheriffs Office, testified that Defendant was ordered to be present in court on August 15 1 This memorandum opinion is issued in compliance with Uniform Rules - Courts of Appeal Rule 2 l6.l(B). 2 Defendant's wife, Tonya Victor, was also charged with out-of-state bail jumping. She was convicted and her appeal is currently pending in this Court under docket number l3-KA-888. 3 Faretta v. California, 422 U.S. 806,95 S.Ct. 2525, 45 L.Ed.2d 562 (1975). -2 and 16, 2011 for trial on a second degree murder charge but failed to appear, at which time a bail jumping warrant was issued. During the police investigation, Defendant's son indicated that he did not know of his parents' whereabouts. Defendant's son told investigators that his parents had been staying at the Best Western Hotel in Laplace, but investigators determined Defendant had last stayed there three months earlier. It was also determined that Defendant's cellular phone was no longer in service. Defendant's attorney told police that Defendant had fired him and left a voicemail the weekend prior to trial stating, "he was not appearing in court for no one." Defendant was subsequently apprehended in Georgia with the assistance of the United States Marshals. Appellate counsel's brief contains no assignments of error and sets forth that it is filed in accordance with 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 So.2d 241 (per curiam), which set forth the procedure appellate counsel should follow when, upon conscientious review of a case, counsel finds an appeal would be wholly frivolous. In the instant case, appellate counsel reviewed the procedural history of the case in his brief. He set forth that, after a review of the record, he has found no non- frivolous issues to present on appeal. Appellate counsel specifically notes that he considered whether to raise the issues of Defendant's self-representation; the pre-trial denials of his motions to recuse the presiding judge and district attorney and change of venue; and the denial of Defendant's Batson' challenge, but ultimately concluded that these claims would be frivolous. Accordingly, appellate counsel requests to withdraw from further representation of Defendant. Appellate counsel advised this Court that he notified Defendant of his right to file a pro se brief in this appeal, and we note that this Court sent Defendant a letter by certified 4 Batson v. Kentucky, 476 U.S. 79,106 S.Ct. 1712,90 L.Ed.2d 69 (1986). -3 mail informing him that an Anders brief had been filed and that he had a right to file a pro se supplemental brief. Defendant chose not to file a pro se brief. This Court has performed an independent, thorough review of the pleadings, minute entries, bill of information, and transcripts in the appellate record. Our independent review reveals no non-frivolous issues or trial court rulings that arguably support an appeal. Accordingly, Defendant's conviction and sentence are affirmed. Appellate counsel's motion to withdraw, which has been held in abeyance pending disposition of this matter, is granted. CONVICTION AND SENTENCE AFFIRMED; MOTION TO WITHDRAW GRANTED -4 SUSAN M. CHEHARDY CHERYL Q. LANDRIEU CHIEF JUDGE CLERK OF COURT MARY E. LEGNON FREDERICKA H. WICKER JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON ROBERT M. MURPHY STEPHEN J. WINDHORST HANS J. ULJEBERG JUDGES CHIEF DEPUTY CLERK SUSAN BUCHHOLZ FIRST DEPUTY CLERK FIFTH CIRCUIT MEUSSA C. LEDET 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org NOTICE OF JUDGMENT AND CERTIFICATE OF DELIVERY I CERTIFY THAT A COpy OF THE OPINION IN THE BELOW-NUMBERED MATTER HAS BEEN DELIVERED IN ACCORDANCE WITH Uniform Rules - Court of Appeal, Rule 2-20 THIS DAY SEPTEMBER 24, 2014 TO THE TRIAL JUDGE, COUNSEL OF RECORD AND ALL PARTIES NOT REPRESENTED BY COUNSEL, AS LISTED BELOW: r~ \ ~ER1iCANDRIEU CLERK OF COURT 14-KA-63 E-NOTIFIED NO ATTORNEYS WERE ENOTIFIED MAILED HON. THOMAS F. DALEY DISTRICT ATTORNEY FORTIETH JUDICIAL DISTRICT PARISH OF ST. JOHN THE BAPTIST POST OFFICE BOX 399 LAPLACE, LA 70069 PRENTICE L. WHITE ATTORNEY AT LAW LOUISIANA APPELLATE PROJECT P. O. BOX 74385 BATON ROUGE, LA 70874
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