State of Louisiana v. K. J. C.

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

KA 09-931

STATE OF LOUISIANA

VERSUS

K. J. C.

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APPEAL FROM THE
SIXTEENTH JUDICIAL DISTRICT COURT
PARISH OF IBERIA, NO. 07-1635
HONORABLE KEITH RAYNE JULES COMEAUX, DISTRICT JUDGE

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BILLY HOWARD EZELL
JUDGE

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Court composed of Sylvia R. Cooks, Jimmie C. Peters, and Billy Howard Ezell,
Judges.

CONVICTIONS AND SENTENCES AFFIRMED.
MOTION TO WITHDRAW GRANTED.

J. Phillip Haney
District Attorney
300 Iberia Street, Suite 200
New Iberia, LA 70560
(337) 369-4420
Counsel for Plaintiff/Appellee:
State of Louisiana

G. Paul Marx
P. O. Box 82389
Lafayette, LA 70598-2389
(337) 237-2537
Counsel for Defendant/Appellant:
K. J. C.

K. J. C.
Rayburn Correctional Center
27268 Highway 21, North
Angie, LA 70426-3030

Jeffrey J. Trosclair
Assistant District Attorney Sixteenth Judicial District Court
500 Main Street, 5th Floor
Franklin, LA 70538
(337) 828-4100
Counsel for Plaintiff/Appellee:
State of Louisiana

EZELL, JUDGE.

On August 9, 2007, the Defendant, K.J.C.,1 was charged by bill of information

with committing the following offenses: (1) forcible rape, a violation of La.R.S.

14:42.1; (2) aggravated incest, a violation of La.R.S. 14:78.1; (3) aggravated incest,

a violation of La.R.S. 14:78.1; and (4) molestation of a juvenile, a violation of

La.R.S. 14:81.2. Also, on December 10, 2007, the Defendant was charged by bill of

information with possession of marijuana with intent to distribute, a violation of

La.R.S. 40:966(A)(1).

Pursuant to a plea agreement, the Defendant pled guilty to forcible rape,

aggravated incest, and possession with intent to distribute marijuana on December 9,

2008. In exchange for his plea to these charges, the State agreed to dismiss the

remaining charges and to waive the filing of a habitual offender bill. The State also

agreed to concurrent sentences.

The Defendant was sentenced on April 29, 2009, to serve thirty-two years at

hard labor for forcible rape, without benefit of probation, parole, or suspension of

sentence. For aggravated incest and possession with intent to distribute marijuana,

the Defendant was sentenced to twenty years at hard labor on each conviction. The

sentences were ordered to run concurrently with each other. The Defendant’s motion

to reconsider his sentences, filed on May 6, 2009, was summarily denied.

Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), appellate

counsel has filed a brief alleging the record contains no pre-plea errors to support

reversal of the Defendant’s convictions and sentences in this matter. For the

following reasons, we affirm the Defendant’s convictions and sentences and grant

counsel’s motion to withdraw.

1
Pursuant to La.R.S. 46:1844(W), the Defendant’s initials are used to protect the
confidentiality of the Victim.

1

FACTS

The following facts were set forth at the Defendant’s guilty plea and sentencing

hearings. The Defendant first began molesting the Victim, his biological daughter,

when she was eight years old. The Victim was impregnated in the summer of 2001

and on March 24, 2002, at thirteen years of age, the Victim gave birth to a son by

caesarean section. About five years after the child’s birth, after the Victim reached

eighteen years of age, she reported the sexual abuse so that she could collect child

support from the Defendant. The paternity of the child was confirmed through DNA

analysis to be that of the Defendant.

Additionally, on April 3, 2007, agents with the Iberia Parish Sheriff’s Office

were monitoring a controlled delivery of marijuana involving the Defendant. The

Defendant was intercepted while in route to deliver marijuana to a confidential

informant and was found in possession of a bag containing one ounce of marijuana.

ANDERS ANALYSIS:

Pursuant to Anders, 386 U.S. 738, the Defendant’s appellate counsel has filed

a brief stating he has made a conscientious and thorough review of the trial court

record and could find no errors on appeal that would support reversal of the

Defendant’s convictions or sentences. 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:

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

2

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.

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 in a 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 in conformity with his plea agreement.

The Defendant’s sentence for forcible rape, thirty-two years, was on the upper

end of the sentencing range; his sentence for aggravated incest, twenty years, was the

maximum possible sentence; and his sentence for possession with intent to distribute

marijuana, twenty years, was a mid-range sentence. The Defendant, however,

received a substantial benefit from his plea agreement. Not only did he receive

concurrent sentences, two charges, aggravated incest and molestation of a juvenile,

were dismissed in exchange for his guilty plea, significantly reducing his sentencing

exposure. He was also spared a possible total fine of up to $100,000. Prior to his

plea agreement, the Defendant faced up to an additional forty years of imprisonment

and additional fines exceeding $50,000. La.R.S. 14:78.1 and 14:81.2. Further, the

Defendant was not charged as a habitual offender under La.R.S. 15:529.1. Lastly, the

Defendant’s guilty plea waived all non-jurisdictional defects in the proceedings prior

to the plea. State v. Crosby, 338 So.2d 584 (La.1976).

3

We have found no issues that would support an assignment of error on appeal.

Therefore, the Defendant’s convictions and sentences are affirmed and counsel’s

motion to withdraw is granted.

CONVICTIONS AND SENTENCES AFFIRMED.
MOTION TO WITHDRAW GRANTED.

4

KA09-931

COURT OF APPEAL, THIRD CIRCUIT

STATE OF LOUISIANA

STATE OF LOUISIANA

Plaintiff-Appellee

VERSUS

K.J.C.

Defendant-Appellant

On Appeal from the Sixteenth Judicial District Court, Docket Number 07-1635,

Parish of Iberia, State of Louisiana, Honorable Keith Rayne Jules Comeaux, Judge.

ORDER

After consideration of appellate 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 _________________, 2010.

COURT OF APPEAL, THIRD CIRCUIT
_______________________________
Judge Sylvia R. Cooks
_______________________________
Judge Jimmie C. Peters
_________________________________
Judge Billy H. Ezell