State Of Louisiana VS Jeward C. Miller, Jr.
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2011 KA 1996 STATE OF LOUISIANA VERSUS JEWARD C MILLER JR Judgment Rendered June 8 2012 On Appeal from the 22nd Judicial District Court in and for the Parish of St Tammany State of Louisiana District Court No 489952 The Honorable Allison H Penzato Judge Presiding Bertha M Hillman Counsel for DefendantAppellant Thibodaux La Jeward C Miller Jr Walter P Reed Counsel for Appellee District Attorney Covington La Kathryn W Landry Baton Rouge La State of Louisiana BEFORE CARTER C PARRO AND HIGGINBOTHAM JJ J CARTER C J defendant The Jeward C Miller Jr was charged by bill of information with armed robbery a violation of Louisiana Revised Statutes The defendant initially entered a plea of not guilty but he section 14 64 later withdrew this plea and pled guilty pursuant to a plea agreement with the state Under this agreement the defendant entered a plea of guilty as charged and was sentenced to thirty years at hard labor without benefit of probation parole or suspension of sentence The defendant filed a motion for reconsideration of sentence which was denied For the following reasons we affirm the defendant conviction and sentence and we grant s defense counsel motion to withdraw s FACTS The facts surrounding the defendant instant offense were not s developed in this case because the defendant pled guilty to the charged offense and defense counsel stipulated that a factual basis existed for the guilty plea The bill of information alleges that on April 25 2010 the defendant and four other individuals committed the offense of armed robbery against Megan Macshane while armed with a sawedoff shotgun ISSUE PRESENTED The defense brief contains no assignments of error and sets forth that it is filed to conform with State v Jyles 962669 La 12 704 So 2d 97 241 241 42 per curiam wherein the Louisiana Supreme Court approved the procedures outlined in State v Benjamin 573 So 2d 528 La App 4th Cir 1990 Benjamin set forth a procedure to comply with Anders v California 386 U 738 744 1967 in which the United States Supreme S 2 Court discussed how appellate counsel should proceed when upon a conscientious review of a case counsel finds an appeal would be wholly frivolous Here defense counsel reviewed the procedural history of the case in her brief She set forth that after a conscientious and thorough review of the record in this case she has found no non frivolous issues to present on appeal Defense counsel further notes that under Louisiana Code of Criminal Procedure article 1 a defendant cannot appeal a sentence 2 2A imposed in conformity with a plea agreement set forth in the record at the time of the plea In the instant case the defendant plea agreement was set s forth in the record at the time of his plea Accordingly defense counsel has filed a motion to withdraw therein asserting that the defendant was informed of his right to file his own brief in this matter The defendant has not filed a pro se brief with this court We have conducted an independent review of the entire record in this case and found no reversible errors under Louisiana Code of Criminal Procedure article 920 2 Furthermore we conclude there are no non frivolous issues or trial court rulings that arguably would support this appeal Accordingly the defendant sconviction and sentence are affirmed Defense s counsel motion to withdraw which has been held in abeyance pending the disposition ofthis matter is granted 3 CONCLUSION For the foregoing reasons the defendant conviction and sentence are s affirmed CONVICTION AND SENTENCE AFFIRMED MOTION TO WITHDRAW GRANTED
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