State Of Louisiana VS Jeffery Roddy

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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 1989 NO. 2013 K STATE OF LOUISIANA VERSUS JEFFERY RODDY Judgment Rendered: AY 2 QS On Appeal from the 23`d Judicial District Court, In and for the Parish of Ascension, State of Louisiana Trial Court No. 27143 The Honorable Jessie M. LeBlanc, Judge Presiding Ricky L. Babin, District Attorney Kenneth Dupaty, Assistant District Attorney Charles Long, Assistant District Attorney Hon. Attorneys for Appellee, State of Louisiana Donald D. Candell, Assistant District Attorney Donaldsonville, Louisiana Gwendolyn K. Brown Attorney for DefendantlAppellant, Baton Rouge, Louisiana Jeffery Roddy BEFORE: WHIPPLE, C. J., WELCH, AND CRAIN, JJ. CRAIN, J. The defendant, Jeffery Scott Roddy, was charged by amended bill of information with simple burglary, a violation of Louisiana Revised Statute 14: 62.' The defendant initially pled not guilty but later withdrew that plea and entered a plea of guilty as charged. The state also filed a habitual offender bill of information alleging the defendant was a second-felony habitual offender.2 The defendant stipulated to the allegations of the habitual offender bill af information and was adjudicated a second- felony habitual offender. In accordance with the plea agreement, the defendant was sentenced to seventeen years imprisonment at hard labor without the benefit of probation or suspension of sentence. On appeal, defense counsel filed a brief raising no assignments of error, contending that there are no non- frivolous issues to argue on appeal, and requesting a review for error pursuant to Louisiana Code of Criminal Procedure article 920, also filed a motion to withdraw as counsel of record. Defense counsel We affirm the conviction, habitual offender adjudication, and sentence, and grant the motion to withdraw as counsel of record. FACTS The facts surrounding the instant offense were not fully developed because the defendant pled guilty to the charged offense. However, at the time of the guilty plea, the defendant agreed with the factual basis set forth by the district attorney and read by the trial court prior to aceepting the plea. According to that information, on or about June 5, 2010, the defendant entered property owned by 1 The defendant was originally charged with four counts of simple burglazy and two counts of theft. The other counts were nolle prossed at the time of the defendanYs guilty plea to one simple burglary offense. 2 The habitual offender bill of information identifies the piedicate conviction as the defendant' s guilty plea on January 29, 2008, to simple burglazy of an inhabited dwelling, bearing docket number 22428 in the 23`d Judicial District Court. 2 Construction Harcot on Megan Lane in Prairieville, Louisiana, without authorization and with the intent to commit a felony or theft therein. ANDERS BRIEF The defense brief contains no assignments of error and sets forth that it is filed in accardance with Anders v. C lifornia, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400, 18 L. Ed. 2d 493 ( 1967), and State v. .ryles, 96- 2669 ( La. 12/ 12/ 97), 704 So. 2d 241 (per curiam). In Anders, the United States Supreme Court stated that if counsel finds his case to be wholly frivolous, after a conscientious examination of it, he should so advise the court and request permission to withdraw. Anders, 386 U.S. at 744, 87 S. Ct. at 1400. That request must, however, be accompanied by a brief referring to anything in the record that might arguably support the appeal. A copy of counsel' s brief should be fumished to the indigent and time allowed him to raise any points that he chooses; the court - not counsel - then proceeds, after a full examination of all the proceedings, to decide whether the case is wholly frivolous. Anders, 386 U.S. at 744, $ 7 S. Ct. at 1400. In Jyles, the Louisiana Supreme Court approved the procedures outlined in State v. Benjamin, 573 So. 2d 528 ( La. App. 4 Cir. 1990), to comply with Anders. Appellate counsel must not only review the procedural history of the case and the evidence presented at trial, but his brief must also contain " a detailed and reviewable assessment for both the defendant and the appellate court of whether the appeal State v. is worth pursuing in the first place." Jyles, 704 So. 2d at 242 ( quoting Mouton, 95- 0981 ( La. 4/ 28/ 95), b53 So. 2d 1176, 1177). a review for compliance with Anders, an When conducting appellate court must conduct an independent review of the record to determine whether the appeal is wholly frivolous. State v. Thomas, 12- 0177 ( La. App. 1 Cir. 12/ 28/ 12), 112 So. 3d 875, 878. 3 In the present case, defense counsel reviewed the pro edural history of the case in her brief. As noted by coansel, the trial court thoroughly questioned and informed the defendant of his Boykin3 rights ( right to trial by jury, right against compulsory selfincrimination, and right of confrontation) prior to the court' s acceptance of the guilty plea, and the defendant indicated that he understood and waived his rights. The trial court further explained the defendant' s rights as to the habitual offender bill of information, and the agreed upon sentence was set forth in the record prior to the acceptance of the stipulation and sentencing. Defense counsel asserts in her brief that there are no non- frivolous issues for appeal. The motion to withdraw confirms that the defendant was informed of his right to file a pro se brief on his own behalf, and the defendant has not filed a pro se brief. Defense counsel certified that the defendant was served with a copy of the Anders brief and the motion to withdraw. No pre-trial rulings were preserved for appeal under State v. Crosby, 338 So. 2d 584, 588 ( La. 1976), and the defendant has not claimed that his plea was not knowingly and voluntarily given. This court has conducted an independent review of the entire record in this matter, including a review for error under Louisiana Code of Criminal Procedure article 920( 2). We have found no reversible errors in this case. Furthermore, we agree with defense counsel' s assertion that there are no non- frivolous issues or trial court rulings conviction, that arguably habitual support offender this appeal. adjudication, and Accordingly, the defendant' s sentence are affirmed. Defense counsel' s motion to withdraw is granted. CONVICTION, HABITL'AL OFFENDER ADJUDICATION, SENTENCE AFFIRMED; MOTION TO WITHDRAW GRANTED. 3 See Boykin v. Alabama, 395 U.S. 238, 89 S. Ct. 1709, 23 L. Ed. 2d 274 ( 1969). 4 AND

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