Filed: Feb. 15, 2013
Latest Update: Feb. 15, 2013
Summary: NOT DESIGNATED FOR PUBLICATION WHIPPLE, C.J. The defendant, Eric Rogers, was charged by bill of information with possession of a Schedule I controlled dangerous substance (MDMA), a violation of LSA-R.S. 40:966C. The defendant initially entered a plea of not guilty, but he 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 ten years at hard labor. In exchange for his
Summary: NOT DESIGNATED FOR PUBLICATION WHIPPLE, C.J. The defendant, Eric Rogers, was charged by bill of information with possession of a Schedule I controlled dangerous substance (MDMA), a violation of LSA-R.S. 40:966C. The defendant initially entered a plea of not guilty, but he 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 ten years at hard labor. In exchange for his p..
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NOT DESIGNATED FOR PUBLICATION
WHIPPLE, C.J.
The defendant, Eric Rogers, was charged by bill of information with possession of a Schedule I controlled dangerous substance (MDMA), a violation of LSA-R.S. 40:966C. The defendant initially entered a plea of not guilty, but he 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 ten years at hard labor. In exchange for his plea, the state dismissed a drug-related charge and agreed not to file a habitual offender bill of information, which would have exposed the defendant to a life sentence. He filed a pro se motion for reconsideration of sentence, which was denied. The defendant did not appeal in a timely manner, but was granted an out-of-time appeal. For the following reasons, we affirm the defendant's conviction and sentence, and we grant defense counsel's motion to withdraw.
FACTS
The facts surrounding the defendant's instant offense were not fully developed in this case because the defendant pled guilty to the charged offense. According to the bill of information and the Boykin colloquy, the defendant was found with MDMA on his person on January 26, 2008, while on the shoulder of a road after having been involved in a motor vehicle accident in Livingston Parish.
DISCUSSION
Defense counsel has filed a motion to withdraw from the case. In accordance with the procedures outlined in Anders v. California, 386 U.S. 738, 744-45, 87 S.Ct. 1396, 18 L. Ed. 2d 493 (1967), State v. Jyles, 96-2669 (La. 12/12/97), 704 So.2d 241, 241-42 (per curiam), and State v. Benjamin, 573 So.2d 528 (La. App. 4th Cir. 1990),1 defense counsel has filed a brief in support of the motion to withdraw, arguing that after a conscientious and thorough review of the record, she has found no non-frivolous issues for appeal and can find no ruling of the district court that arguably supports the appeal. Defense counsel has also notified the defendant of the filing of this motion and informed him of his right to file a pro se brief on his own behalf. The defendant has not filed a pro se brief with this court.
This court has performed an independent, thorough review of the pleadings, minute entries, bill of information, and transcripts in the appeal record. The defendant was properly charged by bill of information with a violation of LSA-R.S. art. 40:966C, and the bill was signed by an assistant district attorney. The defendant was present and represented by counsel at initial arraignment, the Boykin examination, and sentencing. See Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L. Ed. 2d 274 (1969). The sentence imposed is legal in all respects.
Defense counsel asks this court to examine the record for error under LSC.Cr.P. art. 920(2). This court routinely reviews the record for such errors, whether or not such a request is made by a defendant. Under Article 920(2), we are limited in our review to errors discoverable by a mere inspection of the pleadings and proceedings without inspection of the evidence. After a careful review of the record in these proceedings, we have found no reversible errors. See State v. Price, 2005-2514 (La. App. 1st Cir. 12/28/06), 952 So.2d 112, 123-25 (en banc), writ denied, 2007-0130 (La. 2/22/08), 976 So.2d 1277. Furthermore, we conclude there are no non-frivolous issues or district court rulings that arguably would support this appeal. Accordingly, the defendant's conviction and sentence are affirmed. Defense counsel's motion to withdraw, which has been held in abeyance pending the disposition of this matter, is hereby granted.
CONVICTION AND SENTENCE AFFIRMED; MOTION TO WITHDRAW GRANTED.