State of Louisiana v. Justin D. Savoie

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

KA 06-1005

STATE OF LOUISIANA

VERSUS

JUSTIN D. SAVOIE

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APPEAL FROM THE
FIFTEENTH JUDICIAL DISTRICT COURT
PARISH OF LAFAYETTE, DOCKET NO. 93,525
HONORABLE JULES D. EDWARDS, III, DISTRICT JUDGE

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JAMES T. GENOVESE
JUDGE

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Court composed of Sylvia R. Cooks, Marc T. Amy, and James T. Genovese, Judges.

CONVICTION AND SENTENCE AFFIRMED.
MOTION TO WITHDRAW GRANTED.

James Edward Beal
Louisiana Appellate Project
Post Office Box 307
Jonesboro, Louisiana 71251-0307
(318) 259-2391
COUNSEL FOR DEFENDANT/APPELLANT:
Justin D. Savoie

Mr. Justin D. Savoie #486279
Lafayette Parish Correctional Center
Post Office Drawer 3508
Lafayette, Louisiana 70502-2537

Michael Harson
District Attorney
ADA J. N. Prather, Jr.
Post Office Box 3306
Lafayette, Louisiana 70502-3306
(337) 232-5170
COUNSEL FOR PLAINTIFF/APPELLEE:
State of Louisiana

GENOVESE, Judge.

On February 25, 2002, the State of Louisiana (State) filed a bill of information

charging the Defendant, Justin D. Savoie, with simple battery, attempted carjacking,

and two counts of threatening a public official. On August 24, 2005, the Defendant

appeared in court and, pursuant to a plea agreement, entered a plea of no contest to

attempted carjacking. The remaining counts were dismissed pursuant to the plea

agreement.

In compliance with the plea agreement, the trial court sentenced the Defendant

to one year at hard labor, concurrent with any other sentences the Defendant may be

serving. The Defendant filed a motion for appeal, and appellate counsel has filed a

motion to withdraw, along with an explanatory brief, pursuant to Anders v.

California, 386 U.S. 738, 87 S.Ct. 1396 (1967), and State v. Benjamin, 573 So.2d 528

(La.App. 4 Cir. 1990). By letter dated September 12, 2006, this court notified the

Defendant of counsel’s request to withdraw and advised the Defendant that he had

until October 5, 2006 to file a brief. This court has not received an appellate brief

from Defendant.

FACTS

At the Defendant’s guilty plea hearing, the State recited the facts as follows:

BY MR. PRATHER: All right, Judge. The State[,] should this
matter have gone to trial before a jury[,] would have proved the
following: that on or about the 30th day of June, 2001, that [Defendant]
did wilfully and unlawfully [and] intentionally attempt to take a motor
vehicle belonging to a defendant [sic] by the name of Chance Dugas in
the presence of Chance Dugas by use of force or intimidation
particularly in this case being the [sic] knife in violation of the
provisions of [La.R.S.] 14:67.2 and being an attempt it would be under
[La.R.S. 14:]27. And this occurred here in Lafayette Parish at the Jet 24
station. That’s what the State would have proven.

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DISCUSSION

Anders Motion

Appellate counsel has filed a brief stating that he could find no errors on appeal

that would support reversal of the conviction or sentence. In Benjamin, the fourth

circuit set forth the appropriate analysis for such a brief pursuant to Anders:

When appointed counsel has filed a brief indicating that no
non-frivolous issues and no ruling arguably supporting an appeal were
found after a conscientious review of the record, Anders requires that
counsel move to withdraw. This motion will not be acted on until this
court performs a thorough independent review of the record after
providing the appellant an opportunity to file a brief in his or her own
behalf. This court’s review of the record will consist of (1) a review of
the bill of information or indictment to insure the defendant was
properly charged; (2) a review of all minute entries to insure the
defendant was present at all crucial stages of the proceedings, the jury
composition and verdict were correct and the sentence is legal; (3) a
review of all pleadings in the record; (4) a review of the jury sheets; and
(5) a review of all transcripts to determine if any ruling provides an
arguable basis for appeal.

Benjamin at 531.

Pursuant to Benjamin, we have reviewed the record, including the transcripts,

pleadings, and minute entries. The Defendant and his counsel were present at all

critical legal proceedings. The Defendant’s guilty plea waived all pre-plea, non-

jurisdictional defects and, as noted by counsel, the Defendant did not reserve the right

to seek review of the trial court’s denial of his motion to suppress and motion to

quash. See State v. Crosby, 338 So.2d 584 (La.1976). Accordingly, these rulings

cannot now be challenged by the Defendant. Further, the Defendant benefitted from

the plea, as the State dismissed three other counts against him and recommended that

he be sentenced to one year at hard labor to run concurrently with any other sentence

he was serving. The trial court followed the sentencing recommendation.

Thus, we find no issues that would support an appeal. Therefore, counsel is

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allowed to withdraw.

DECREE

Defendant’s conviction and sentence are affirmed, and counsel is allowed to

withdraw.

CONVICTION AND SENTENCE AFFIRMED.

MOTION TO WITHDRAW GRANTED.

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KA 06-1005

COURT OF APPEAL, THIRD CIRCUIT

STATE OF LOUISIANA

STATE OF LOUISIANA

VERSUS

JUSTIN D. SAVOIE

On Appeal from the Fifteenth Judicial District Court, Parish of Lafayette, State
of Louisiana, Honorable Jules D. Edwards, III, Judge.

ORDER

After consideration of defense counsel’s request to withdraw as counsel, and
the appeal presently pending in the above-captioned matter,

IT IS HEREBY ORDERED that appellate counsel’s motion to withdraw is
granted.

THUS DONE AND SIGNED this day of , 2006.

COURT OF APPEAL, THIRD CIRCUIT

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Sylvia R. Cooks, Judge

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Marc T. Amy, Judge

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James T. Genovese, Judge