State of Louisiana v. Larry K. Crockett

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

07-13 consolidated with 07-14

STATE OF LOUISIANA

VERSUS

LARRY K. CROCKETT

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APPEAL FROM THE
TWELFTH JUDICIAL DISTRICT COURT
PARISH OF AVOYELLES, NOS. 132946, 134786
HONORABLE MARK A. JEANSONNE, DISTRICT JUDGE

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ULYSSES GENE THIBODEAUX
CHIEF JUDGE
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Court composed of Ulysses Gene Thibodeaux, Chief Judge, Marc T. Amy, and
Michael G. Sullivan, Judges.

CONVICTION, SENTENCE, AND HABITUAL
OFFENDER ADJUDICATION AFFIRMED.
MOTION TO WITHDRAW GRANTED. CASE
REMANDED FOR CORRECTION OF THE
MINUTES.

Charles A. Riddle, III
District Attorney
Michael Francis Kelly
Assistant District Attorney
Twelfth Judicial District
P. O. Box 1200
Marksville, LA 71351
Telephone: (318) 253-6587
COUNSEL FOR:
Plaintiff/Appellee - State of Louisiana

Carey J. Ellis, III
Louisiana Appellate Project
P. O. Box 719
Rayville, LA 71269
Telephone: (318) 728-2043
COUNSEL FOR:
Defendant/Appellant - Larry K. Crockett

THIBODEAUX, Chief Judge.

The Defendant, Larry K. Crockett, was convicted by a six-person jury

of cruelty to the infirm, a violation of La.R.S. 14:93.3, for beating his sixty-eight year

old aunt with whom he lived. A habitual offender bill was filed against him, and he

was adjudicated a second habitual offender. He was sentenced to thirteen years, six

months at hard labor.

The Defendant appeals. We have consolidated the original trial

proceedings and the habitual offender proceedings for appeal purposes. We affirm

the conviction and sentence, grant appellate counsel’s motion to withdraw, and

remand for correction of the minutes.

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

appeal that would support reversal of the conviction, sentence, or habitual offender

adjudication. In State v. Benjamin, 573 So.2d 528 (La.App. 4 Cir. 1990), 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.

Id. at 531.

This court has reviewed the record, including the transcripts, pleadings,

and minute entries. Defendant and his counsel were present at all critical legal

proceedings. The record demonstrates there was sufficient evidence on which the

jury could base its verdict; the record also supports Defendant’s adjudication as a

habitual offender. The sentence imposed is within the proper range.

Thus, this court has found no issues that would support an appeal.

Therefore, counsel will be allowed to withdraw.

DECREE

The conviction, sentence, and habitual offender adjudication are

affirmed; counsel’s motion to withdraw is granted. Additionally, the case is

remanded for amendment of the minutes to delete the language indicating the trial

court designated this as a crime of violence, pursuant to La.Code Crim.P. art. 890.1.

The transcript reveals no such statement by the trial court.

CONVICTION, SENTENCE, AND HABITUAL OFFENDER

ADJUDICATION AFFIRMED. MOTION TO WITHDRAW GRANTED.

CASE REMANDED FOR CORRECTION OF THE MINUTES.

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION. Rule
2-16.3, Uniform Rules—Courts of Appeal.

2

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

07-13 consolidated with 07-14

STATE OF LOUISIANA

Plaintiff-Appellee

VERSUS

LARRY K. CROCKETT

Defendant-Appellant

On appeal from the Twelfth Judicial District Court, Parish of Avoyelles, State of
Louisiana, Honorable Mark A. Jeansonne, District Judge.

ORDER

After consideration of the appellate counsel’s request to withdraw as counsel
in the appeals pending in the above-captioned matters;

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

THUS DONE AND SIGNED this ____ day of _______________ 2007.

COURT OF APPEAL, THIRD CIRCUIT

____________________________________
Chief Judge Ulysses Gene Thibodeaux

____________________________________
Judge Marc T. Amy

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Judge Michael G. Sullivan