State of Louisiana v. Richard Thompson

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

07-198

STATE OF LOUISIANA

VERSUS

RICHARD THOMPSON

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APPEAL FROM THE
THIRTIETH JUDICIAL DISTRICT COURT
PARISH OF VERNON, NO. 70,047
HONORABLE LESTER P. KEES, DISTRICT JUDGE

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JAMES T. GENOVESE
JUDGE

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Court composed of Sylvia R. Cooks, Glenn B. Gremillion, and James T. Genovese,
Judges.

CONVICTIONS AND SENTENCES AFFIRMED.
MOTION TO WITHDRAW GRANTED.

William E. Tilley
District Attorney - 30th Judicia1 District
P.O. Box 1188
Leesville, LA 71496-188
Telephone: (337) 239-2008
COUNSEL FOR APPELLEE:
State of Louisiana

Annette Fuller Roach
Louisiana Appellate Project
P.O. Box 1747
Lake Charles, LA 70602-1747
Telephone: (337) 436-2900
COUNSEL FOR DEFENDANT/APPELLANT:
Richard Thompson

Genovese, Judge.

On June 20, 2006, the Defendant, Richard Thompson, was charged by bill of

information with two counts of simple burglary, in violation of La.R.S. 14:62; three

counts of theft over five hundred dollars, in violation of La.R.S. 14:67; and one count

of theft of a firearm, in violation of La.R.S. 14:67.15. On the same date, he entered

pleas of not guilty to all charges.

On October 4, 2006, the Defendant moved to withdraw his former pleas of not

guilty and entered pleas of guilty to one count of simple burglary and one count of

theft over five hundred dollars. The remaining charges were dismissed by the State.

The Defendant was sentenced on December 28, 2006 to eleven years at hard labor for

simple burglary and to nine years at hard labor for theft over five hundred dollars.

The sentences were ordered to run concurrently. A Motion to Reconsider Sentence

was filed on the date of sentencing and was denied on January 5, 2007. The

Defendant also filed a Motion for Appeal and Designation of Record on December

28, 2006.

Appellate counsel for Defendant1 has filed an Anders brief2 in this matter. For

the following reasons, we affirm and grant appellate counsel’s motion to withdraw.

FACTS:

On December 23, 2005, the Defendant entered the vehicle of Tyson Stokes

without authority and with the intent to commit a theft therein. Further, on March 4,

2006, the Defendant took a saddle and other items belonging to Aubrey Perkins

without the consent and authority of Mr. Perkins. Said property had a value of

1
Throughout this opinion, all references to appellate counsel are deemed to refer to counsel
for the Defendant in this appeal.
2
An Anders brief, named after and pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct.
1396 (1967), is a brief filed on behalf of a defendant wherein defense counsel states that there are
no errors on appeal supporting a reversal of the defendant’s conviction or sentence.

1

approximately eleven thousand dollars.

ANALYSIS:

Pursuant to Anders, Defendant’s appellate counsel has filed a brief stating she

could find no errors on appeal that would support a reversal of the Defendant’s

convictions or sentences. In addition thereto, counsel has filed a motion to withdraw

as counsel of record.

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

explained the Anders analysis:

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. Under C.Cr.P. art. 914.1(D) this Court will
order that the appeal record be supplemented with pleadings, minute
entries and transcripts when the record filed in this Court is not
sufficient to perform this review.

Id. at 531.

Pursuant to Anders and Benjamin, we have performed a thorough review of the

record, including pleadings, minute entries, the charging instrument, and the

transcripts. The Defendant was properly charged by bill of information, was present

and represented by counsel at all crucial stages of the proceedings, and entered a free

and voluntary guilty plea after properly being advised of his rights in accordance with

Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709 (1969). Additionally, the Defendant

received legal sentences.

2

Appellate counsel raises several issues; however, admittedly, none of which

support reversal of the Defendant’s convictions or sentences. We have reviewed

these issues and we agree.

We have found no issues which would support an assignment of error on

appeal. Therefore, appellate counsel’s motion to withdraw is granted.

CONVICTIONS AND SENTENCES AFFIRMED. MOTION TO

WITHDRAW GRANTED.

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

3

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

07-198

STATE OF LOUISIANA
Appellee

VERSUS

RICHARD THOMPSON
Defendant-Appellant

On Appeal from the Thirtieth Judicial District Court, Parish of Vernon, State of
Louisiana, Honorable Lester P. Kees, District Judge.

ORDER

Considering the appeal presently pending and appellate counsel’s request to
withdraw as counsel 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 May, 2007.

_________________________
Judge Sylvia R. Cooks

_________________________
Judge Glenn B. Gremillion

_________________________
Judge James T. Genovese