STATE OF LOUISIANA VERSUS RANDY L. HALL
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STATE OF LOUISIANA NO. 15-KA-591 VERSUS FIFTH CIRCUIT RANDY L. HALL COLTRT OF APPEAL STATE OF LOUISIANA ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 14-3852, DIVISION "E" HONORABLE JOHN J. MOLAISON, JR., JUDGE PRESIDING January 27,2016 MARC E. JOHNSON JUDGE Panel composed of Judges Susan M. Chehardy, Marc E. Johnson, and Robert M. Murphy PAUL D. CONNICK, JR. DISTRICT ATTORNEY Twenty-Fourth Judicial District Parish of Jefferson TERRY M. BOUDREAUX ASSISTANT DISTRICT ATTORNEY 200 Derbigny Street Gretna, Louisiana 70053 COUNSEL FOR PLAINTIFF/APPELLEE BRUCE G. WHITTAKER ATTORNEY AT LAW Louisiana Appellate Project 1215 Prytania Street Suite 332 New Orleans, Louisiana 70130 COUNSEL FOR DEFENDANT/APPELLANT CONVICTION AND SENTENCE AFFIRMED; MOTION TO WITHDRAW GRANTED '~/ yJ1 ff1 ~ Defendant, Randy Hall, appeals his conviction and sentence for introduction of contraband into a penal institution. For the reasons that follow, we affirm. 1 On August 13,2014, Defendant was charged in a bill of information with introduction or possession of contraband, specifically cocaine, in a correctional institute, namely the Jefferson Parish Correctional Center, in violation of La. R.S. 14:402. Defendant initially pled not guilty and filed several pre-trial motions. On October 20,2014, the State amended the bill of information to delete cocaine as the specified contraband. On the same day, Defendant withdrew his not guilty plea and pled guilty as charged. Pursuant to a plea agreement, the trial court sentenced Defendant to five years imprisonment at hard labor. Immediately thereafter, the State filed a multiple offender bill of information alleging Defendant to be a second felony offender. As part of the plea bargain, Defendant stipulated to his status as a second felony offender, and the trial court I This memorandum opinion is issued in compliance with Uniform Rules - Courts of Appeal Rule 2 16.1(8). -2 resentenced Defendant to six years at hard labor without the benefit of probation or suspension of sentence after vacating his original sentence. 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 failed to find any non-frivolous issues to present on appeal. Appellate counsel noted that Defendant entered an unqualified guilty plea, which waived all non-jurisdictional defects and precludes review of any such defects on appeal. Counsel also noted that he considered whether to raise the issue of the voluntariness of Defendant's guilty plea, the lack of a factual basis in the record for the guilty plea, and the excessiveness of Defendant's sentence, but ultimately concluded that these claims would be frivolous as Defendant was represented by counsel during his plea, he never proclaimed his innocence, and he was sentenced in conformity with a plea agreement. 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 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 -3 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 Q, LANDRIEU SUSAN M, CHEHARDY CHERYL CHIEF JUDGE CLERK OF COURT FREDERICKA H. WICKER JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON ROBERT M. MURPHY STEPHEN J. WINDHORST HANS J. LILJEBERG MARY E. LEGNON CHIEF DEPUTY CLERK SUSAN BUCHHOLZ FIRST DEPUTY CLERK FIFTH CIRCUIT MELISSA C. LEDET 101 DERBIGNY STREET (70053) JUDGES 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 JANUARY 27. 2016 TO THE TRIAL JUDGE, COUNSEL OF RECORD AND ALL PARTIES NOT REPRESENTED BY COUNSEL, AS LISTED /) BELOW: r. 11 J; . t.!} .' !\Af,L/Ji!A C.:"/ / , . I ./ " .' r 1", ~JJl'lj}-G-/ 7 ( j." v i; ,' . CMER1YI:'Q. eANDRlEU CLERK OF COURT 15-KA-591 E-NOTIFIED ANDREA F. LONG TERRY M. BOUDREAUX MAILED BRUCE G. WHITIAKER ATIORNEY AT LAW LOUISIANA APPELLATE PROJECT 1215 PRYTANIA STREET SUITE 332 NEW ORLEANS, LA 70130 HON. PAUL D. CONNICK, JR. DISTRICT ATIORNEY TWENTY -FOURTH JUDlCIAL DISTRICT 200 DERBIGNY STREET GRETNA, LA 70053
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