State of Louisiana v. Lionel Paul Dugas

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

11-169

STATE OF LOUISIANA

VERSUS

LIONEL PAUL DUGAS

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APPEAL FROM THE
SIXTEENTH JUDICIAL DISTRICT COURT
PARISH OF IBERIA, NO. 09-2265
HONORABLE GERARD B. WATTIGNY, DISTRICT JUDGE

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PHYLLIS M. KEATY
JUDGE

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Court composed of Ulysses Gene Thibodeaux, Chief Judge, Marc T. Amy, and
Phyllis M. Keaty, Judges.

Amy, J., dissents.

MOTION TO WITHDRAW DENIED;
PROCEEDINGS STAYED.

J. Phillip Haney
District Attorney
Walter J. Senette, Jr.
Assistant District Attorney
300 Iberia Street, Suite 200
New Iberia, Louisiana 70560
(337) 369-4420
Counsel for:
State of Louisiana

G. Paul Marx
Louisiana Appellate Project
Post Office Box 82389
Lafayette, Louisiana 70598
(337) 237-2537
Counsel for Defendant/Appellant:
Lionel Paul Dugas

Lionel Paul Dugas
In Proper Person
River Correctional Center
26362 Highway 15
Ferriday, Louisiana 71334
Defendant

KEATY, Judge.

Defendant, Lionel Paul Dugas, pled guilty to unauthorized use of a motor

vehicle, in violation of 14:68.4, on January 8, 2010. As part of the plea agreement,

Defendant agreed to plead guilty to forgery in trial court docket number 07-1638,

which is before this court in appellate docket number 11-165, and illegal

possession of stolen things over $500 in trial court docket number 09-2346, which

is before this court in appellate docket number 11-167. The plea agreement

between the State and Defendant included a provision that Defendant was ―to

plead as a second felony offender on a multiple offender bill of information.‖

Appellate counsel has filed an Anders brief in this matter, as well as in

appellate docket numbers 11-165 and 11-167. In appellate docket number 11-165,

this court has denied appellate counsel’s motion to withdraw and counsel has been

ordered to file a new brief addressing several issues, including the voluntariness of

Defendant’s guilty plea to the habitual offender bill of information. Because of the

possible impact on the case at bar, we are issuing a stay order in appellate docket

number 11-169, pending receipt and review of the briefs in appellate docket

number 11-165.

MOTION TO WITHDRAW DENIED; PROCEEDINGS STAYED.

This opinion is NOT DESIGNATED FOR PUBLICATION.
Uniform Rules—Courts of Appeal, Rule 2–16.3.

11-169

COURT OF APPEAL, THIRD CIRCUIT

STATE OF LOUISIANA

STATE OF LOUISIANA

Plaintiff-Appellee

VERSUS

LIONEL PAUL DUGAS

Defendant-Appellant

On Appeal from the Sixteenth Judicial District Court, Docket Number 09-2265,
Parish of Iberia, State of Louisiana, Honorable Gerard B. Wattigny, Judge.

ORDER

IT IS HEREBY ORDERED that all proceedings in the above-captioned
criminal case are hereby stayed pending disposition of the appeal in State v. Dugas,
docket number 11-165.

THUS DONE AND SIGNED this ______ day of ___________, 2011.

COURT OF APPPEAL, THIRD CIRCUIT

___________________________________
Judge Ulysses Gene Thibodeaux,
Chief Judge

___________________________________
Judge Phyllis M. Keaty

Amy, J., dissents