SYLVIA R. COOKS, Judge.
While armed with a paring knife, Defendant, Simcoe Cole, robbed Darrell Fairburn, who was staying at the Red Roof Inn in Lafayette. Defendant's DNA was found on the knife left in Fairburn's room, and Fairburn positively identified Defendant as the perpetrator.
Defendant was charged by bill of information with one count of armed robbery, a violation of La.R.S. 14:64, and eighteen counts of forgery, violations of La.R.S. 14:72. Defendant entered a plea of not guilty on February 2, 2010. On October 18, 2011, the State moved to sever count one (armed robbery) for trial.
Defendant's appellate counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), alleging the record contains no errors that would support a reversal of Defendant's conviction and sentence in this matter. Defendant was advised that counsel filed an Anders brief, and he has failed to file a pro se brief in this matter.
Pursuant to Anders, Defendant's appellate counsel filed a brief stating he made a conscientious and thorough review of the record and could find no errors on appeal that would support reversal of Defendant's conviction or sentence. Thus, counsel seeks to withdraw.
In State v. Benjamin, 573 So.2d 528, 531 (La.App. 4 Cir. 1990), the fourth circuit explained the Anders analysis:
While it is not necessary for Defendant's appellate counsel to "catalog tediously every meritless objection made at trial or by way of pre-trial motions with a labored explanation of why the objections all lack merit[,]" counsel's Anders brief must "`assure the court that the indigent defendant's constitutional rights have not been violated.' McCoy [v. Court of Appeals of Wisconsin, 486 U.S. [429] at 422, 108 S.Ct. [1895] at 1903 [(1988)]." State v. Jyles, 96-2669, p. 2 (La. 12/12/97), 704 So.2d 241, 241. Counsel must fully discuss and analyze the trial record and consider "whether any ruling made by the trial court, subject to the contemporaneous objection rule, had a significant, adverse impact on shaping the evidence presented to the jury for its consideration." Id. Thus, counsel's Anders brief must review the procedural history and the evidence presented at trial and provide "a detailed and reviewable assessment for both the defendant and the appellate court of whether the appeal is worth pursuing in the first place." State v. Mouton, 95-981, p. 2 (La. 4/28/95), 653 So.2d 1176, 1177.
Pursuant to Anders, 386 U.S. 738, and Jyles, 704 So.2d 241, the Defendant's appellate counsel filed a brief asserting there were no trial court rulings to be challenged. He claims trial counsel made no evidentiary objections regarding the introduction of documentary and physical evidence, no objection or challenge to the DNA matched to Defendant, and no challenge to the reliability or suggestiveness of the photographic line-up.
Appellate counsel asserts Defendant admitted the knife found at the scene belonged to him. Appellate counsel also asserts Defendant admitted he was familiar with the hotel where the robbery occurred and could have been there on the date of the offense. Appellate counsel further asserts Defendant admitted, during sentencing, that he was the person who committed the offense.
After examining the record, we find appellate counsel's assertions are correct. However, trial counsel objected during jury selection to the dismissal of prospective juror Paul Simon, who was excused by the trial court, without reasons, after he stated: "I don't feel like I'm obligated to convict anyone." Trial counsel also objected to the manner in which backstrikes were used. These objections were made after the jury was sworn. Thus, any error regarding these issues was not preserved for review on appeal, as the objections thereto were untimely made. See State v. Snyder, 98-1078 (La. 4/14/99), 750 So.2d 832; State v. Morris, 429 So.2d 111 (La.1983); State v. Bazile, 386 So.2d 349 (La.1980).
Pursuant to Anders, 386 U.S. 738, and Benjamin, 573 So.2d 528, we have performed a thorough review of the record, including pleadings, minute entries, the charging instrument, and the transcripts and have confirmed the statements made by appellate counsel. Defendant was properly charged in the bill of information, he was present and represented by counsel at all crucial stages of the proceedings, and the jury composition and verdict were correct.
Our review of the record reveals no issues that would support an assignment of error on appeal. Therefore, Defendant's conviction and sentence are affirmed, and appellate counsel's motion to withdraw is granted.
For the foregoing reasons, appellate counsel's motion to withdraw is granted. Defendant's conviction and sentence are affirmed.
In State v. Johnson, 04-178 (La.App. 4 Cir. 12/8/04), 892 So.2d 28, writ denied, 05-87 (La. 4/22/05), 899 So.2d 556, cert. denied, 546 U.S. 892, 126 S.Ct. 211 (2005), the fourth circuit found the absence of the verdict sheets from the record was not prejudicial to the defendant's appellate rights when the jury returned the verdicts in open court, the trial court reviewed the verdict forms, the forms were dated and signed by the foreperson, and the defendant did not request polling or make an objection that would indicate the verdicts were not responsive or differed from what was read into the record by the trial court.