State Of Louisiana VS Holly R. Lindsey
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NUMBER 2009 KA 1374 JIrI J J STATE OF LOUISIANA VERSUS @ HOLLY R LINDSEY Judgment Rendered December Appealed in and 23 2009 from the Twenty First Judicial District Court for the Parish of Livingston State of Louisiana Trial Court Number 21914 Honorable Ernest G Drake Judge Presiding for Appellee Scott M Perrilloux Attorneys Charlotte Herbert State of Louisiana Livingston LA Frank Sloan Mandeville LA BEFORE Attorney for Defendant Appellant Holly R Lindsey WHIPPLE HUGHES AND WELCH JJ WHIPPLE J Holly Defendant indictment with one count defendant moved for a charge to Following the State later amended the indictment defendant with accessory after the fact 14 25 of LSA R S sentenced to a of five years term to second Defendant entered 14 30 1 at the trial Sanity hearing a proceed plea agreement a violation of LSA R S a During the pretrial stage guilty not Sanity Commission found defendant competent Pursuant to degree murder plea of a originally charged by grand jury was of second Defendant entered 14 30 1 court Lindsey R a degree murder plea hard labor Defendant of now no a contest to violation and was appeals FACTS On November 15 Livingston Parish admitted to 2006 Doris Short William Pender later shot inside her residence in was pled guilty to the homicide and defendant aiding Pender by harboring him after the incident ISSUES The defense brief contains states that the brief was filed to no assignments of error conform with the Instead defense counsel outlined in State procedures v Beniamin 573 So 2d 528 La App 4th Cir 1990 Beniamin US 738 87 S set forth Ct 1396 Court discussed how review of a case a procedure to comply 18 L Ed 2d 493 appellate 1967 counsel should counsel found the with Anders v California wherein the U S proceed 96 2669 La 12 97 appeal wholly frivolous 704 So 2d 241 per curiam IDuring the same proceeding defendant also possession of cocaine a violation of LSA RS 14 27 23879 Defendant was sentenced to a term of two and 2 entered a no and 40 967 C one Supreme when upon conscientious Beniamin has See State repeatedly been cited with approval by the Louisiana Supreme Court Jyles 386 State contest v Mouton plea to v 95 attempted filed under bill number half years for this conviction 0981 1992 La 653 So 2d 1176 per curiam La 4 28 95 State v State v Robinson 590 So 2d 1185 La 1992 per curiam In the brief to this court defense counsel also reviews the of the case counsel and the states that after he has found no non he withdraw to moves Motion were to had the right a pro se a by as a defendant to s procedural history In his Motion to Withdraw the defendant conscientious and frivolous issues Withdraw sent to entered plea 600 So 2d 653 Royals thorough examination of the record present on appeal By counsel for the a appeal separate motion According copy of defense counsel s brief and Motion to to the Withdraw the defendant Defense counsel also informed the defendant that she to file a brief in her brief with this own behalf However the defendant has not filed we have court CONCLUSION After found there no an review of the entire record in this independent reversible are no non errors under LSA C Cr P 920 2 frivolous issues the appeal Accordingly Defense counsel s motion the disposition of this trial defendant s to matter CONVICTION or court Furthermore rulings that conviction and we conclude arguably support this sentence withdraw which has been held in is matter are affirmed abeyance pending hereby granted AND SENTENCE AFFIRMED COUNSEL S MOTION TO WITHDRAW GRANTED 3 DEFENSE
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