State of Louisiana v. John Devasco Collins

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

11-394

STATE OF LOUISIANA

VERSUS

JOHN DEVASCO COLLINS

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APPEAL FROM THE
THIRTEENTH JUDICIAL DISTRICT COURT
PARISH OF EVANGELINE, NO. 75371-F
HONORABLE JOHN LARRY VIDRINE, DISTRICT JUDGE

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ULYSSES GENE THIBODEAUX
CHIEF JUDGE

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Court composed of Ulysses Gene Thibodeaux, Chief Judge, Billy Howard Ezell,
and J. David Painter, Judges.

CONVICTION AFFIRMED. SENTENCE
AFFIRMED WITH INSTRUCTIONS.
MOTION TO WITHDRAW GRANTED.

Annette Fuller Roach
Louisiana Appellate Project
P. O. Box 1747
Lake Charles, LA 70602-1747
Telephone: (337) 436-2900
COUNSEL FOR:
Defendant/Appellant - John Devasco Collins

Trent Brignac
District Attorney – Thirteenth Judicial District Court
Julhelene E. Jackson
Assistant District Attorney – Thirteenth Judicial District Court
P. O. Box 780
Ville Platte, LA 70586
Telephone: (337) 363-3438
COUNSEL FOR:
Plaintiff/Appellee - State of Louisiana

John Devasco Collins
Avoyelles Correctional Center
1630 Prison Road
Cottonport, LA 71327

THIBODEAUX, Chief Judge.

Defendant, John Devasco Collins, was charged by grand jury

indictment with aggravated rape, a violation of La.R.S. 14:42. On August 5, 2009,

Defendant entered a plea of “not guilty and not guilty by reason of insanity.” The

trial court appointed a sanity commission. A sanity hearing was held, and

Defendant was found competent to stand trial.

A jury found Defendant guilty of the responsive verdict of forcible

rape. Thereafter, the trial court ordered Defendant to serve thirty years at hard

labor. The court denied Defendant’s motion to reconsider the sentence.

Defense counsel has filed a motion to withdraw and a brief alleging

that after a conscientious review of the trial court record, he has found no non-

frivolous errors subject to review on appeal, citing Anders v. California, 386 U.S.

738, 87 S.Ct. 1396 (1967), and State v. Benjamin, 573 So.2d 528 (La.App. 4 Cir.

1990). Defendant has not filed a pro se brief.

FACTS

On January 8, 2008, the Defendant raped V.T.D.1

ANDERS ANYLASIS

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

circuit set forth the appropriate procedures for an appellate court to analyze an

Anders case:

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

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Initials of the victim were used in compliance with La.R.S. 46:1844.

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.
We have performed an independent, thorough review of the record,

including pleadings, minute entries, the bill of indictment and the transcripts.

Defendant was properly charged by a signed grand jury indictment and was present

and represented by counsel at all crucial stages of the proceedings. After a trial by

jury of twelve, he was convicted of a responsive verdict. The sentence imposed

was legal. There are no rulings which arguably support an appeal. Thus, we

affirm Defendant’s conviction and sentence and grant counsel’s motion to

withdraw.

ERROR PATENT

The trial court failed to properly advise Defendant of the prescriptive

period for filing post-conviction relief. La.Code Crim.P. art. 930.8. The transcript

of sentencing indicates the trial court informed Defendant “by virtue of Louisiana

Code of Criminal Procedure Article 930.8 there is a two year prescriptive period

for you to apply for post conviction relief. . . .” Louisiana Code of Criminal

Procedure Article 930.8 provides the defendant has two years after the conviction

and sentence become final to seek post-conviction relief. Therefore, the trial court

is instructed to inform Defendant of the correct provisions of La.Code Crim.P. art.

930.8 by sending appropriate written notice to Defendant within ten days of the

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rendition of this opinion and to file written proof in the record that Defendant

received the notice.

CONVICTION AFFIRMED. SENTENCE AFFIRMED WITH

INSTRUCTIONS. MOTION TO WITHDRAW GRANTED.

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION.
RULE 2-16.3, UNIFORM RULES—COURTS OF APPEAL.

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11-394

COURT OF APPEAL, THIRD CIRCUIT

STATE OF LOUISIANA

STATE OF LOUISIANA

Plaintiff-Appellee

VERSUS

JOHN DEVASCO COLLINS

Defendant-Appellant

On Appeal from the Thirteenth Judicial District Court, Docket Number 75371-F,
Parish of Evangeline, State of Louisiana, Honorable John Larry Vidrine, 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 _________________, 2011.

COURT OF APPEAL, THIRD CIRCUIT

_____________________________________
Judge Ulysses Gene Thibodeaux, Chief Judge

____________________________________
Judge Billy H. Ezell

_____________________________________
Judge J. David Painter