State of Louisiana v. Brandon George

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

09-1003

STATE OF LOUISIANA

VERSUS

BRANDON GEORGE

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APPEAL FROM THE
FIFTEENTH JUDICIAL DISTRICT COURT
PARISH OF LAFAYETTE, NO. 118554
HONORABLE PATRICK L. MICHOT, DISTRICT JUDGE

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JAMES T. GENOVESE
JUDGE

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Court composed of James T. Genovese, Shannon J. Gremillion, and David E.
Chatelain,* Judges.

CONVICTION AND SENTENCE AFFIRMED.
MOTION TO WITHDRAW GRANTED.

_____________________________
* Honorable David E. Chatelain participated in this decision by appointment of the Louisiana
Supreme Court as Judge Pro Tempore.

Michael Harson
District Attorney – Fifteenth Judicial District
J. N. Prather, Jr., Assistant District Attorney
Post Office Box 3306
Lafayette, LA 70502
(337) 232-5170
COUNSEL FOR APPELLEE:
State of Louisiana

G. Paul Marx
Louisiana Appellate Project
Post Office Box 82389
Lafayette, LA 70598-2389
(337) 237-2537
COUNSEL FOR DEFENDANT/APPELLANT:
Brandon George

GENOVESE, Judge.

In an amended bill of information, the Defendant, Brandon George, was

charged on April 15, 2008, with committing the following offenses: (1) count 1 -

aggravated burglary, a violation of La.R.S. 14:60; (2) count 2 - simple battery of a

person over the age of 65, a violation of La.R.S. 14:50.1;1 (3) count 3 - aggravated

battery, a violation of La.R.S. 14:34; and (4) count 4 - unauthorized use of a motor

vehicle, a violation of La.R.S. 14:68.4.

Pursuant to a plea agreement, the Defendant pled guilty to aggravated burglary,

and the remaining charges were dismissed. The State also agreed to a sentencing cap

of fifteen years with the sentence to run concurrently with any other sentence he was

serving. The Defendant was sentenced on May 21, 2009, to serve fifteen years at

hard labor to run concurrently with any other sentence to which he was subject. The

Defendant did not file a motion to reconsider sentence.

The Defendant’s appellate counsel has filed a brief pursuant to Anders v.

California, 386 U.S. 738, 87 S.Ct. 1396 (1967), alleging that the record contains no

pre-plea errors to support a reversal of the Defendant’s conviction and sentence in

this matter. For the following reasons, we affirm the Defendant’s conviction and

sentence and grant his appellate counsel’s motion to withdraw.

FACTS

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

hearings. On November 27, 2007, the Defendant and an accomplice entered an

inhabited dwelling belonging to Ms. Laura Durio, an elderly woman, without her

authorization. To gain entry in the dwelling, the men threw red pepper in Ms. Durio’s

1
Louisiana Revised Statutes 14:50.1 was repealed by Louisiana Acts, No. 220, § 13, effective
June 14, 2008.

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eyes. While inside, the victim was knocked down, beaten and kicked, dragged by her

hair, and then thrown into a closet where she was locked inside. The victim’s home

was then burglarized and her vehicle stolen.

ANDERS ANALYSIS

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

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

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

Defendant’s conviction or sentence. Thus, the Defendant’s appellate 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
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

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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 a legal sentence in conformity with his plea agreement.

We have found no legal or other issues which would support an assignment of

error on appeal. Therefore, the Defendant’s conviction and sentence are affirmed,

and counsel’s motion to withdraw is granted.

CONVICTION AND SENTENCE AFFIRMED. MOTION TO
WITHDRAW GRANTED.

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COURT OF APPEAL, THIRD CIRCUIT

STATE OF LOUISIANA

09-1003

STATE OF LOUISIANA

VERSUS

BRANDON GEORGE

On Appeal from the Fifteenth Judicial District Court, Docket Number 118554,

Parish of Lafayette, State of Louisiana, Honorable Patrick L. Michot, 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 defense counsel’s motion to

withdraw is granted.

THUS DONE AND SIGNED this _____ day of _________________, 2010.

COURT OF APPEAL, THIRD CIRCUIT

_______________________________
Judge James T. Genovese

_________________________________
Judge Shannon J. Gremillion

_________________________________
Judge David E. Chatelain*

_____________________________
* Honorable David E. Chatelain participated in this decision by appointment of the Louisiana
Supreme Court as Judge Pro Tempore.