State of Louisiana v. Michael Bell

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

11-432

STATE OF LOUISIANA

VERSUS

MICHAEL BELL

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APPEAL FROM THE
FOURTEENTH JUDICIAL DISTRICT COURT
PARISH OF CALCASIEU, NO. 11059-09
HONORABLE DAVID KENT SAVOIE, 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 AND SENTENCE AFFIRMED;
MOTION TO WITHDRAW GRANTED.

John Foster DeRosier
District Attorney – Fourteenth Judicial District Court
Carla Sue Sigler
Assistant District Attorney – Fourteenth Judicial District Court
P. O. Box 3206
Lake Charles, LA 70602-3206
Telephone: (337) 437-3400
COUNSEL FOR:
Plaintiff/Appellee - State of Louisiana

Mark Owen Foster
Louisiana Appellate Project
P. O. Box 2057
Natchitoches, LA 71457-2057
Telephone: (318) 572-5693
COUNSEL FOR:
Defendant/Appellant - Michael Bell

Michael Bell
Winn Correctional Center
P. O. Box 1260
Winnfield, LA 71483-1260

THIBODEAUX, Chief Judge.

The State charged Defendant, Michael Bell, with two counts of carnal

knowledge of a juvenile, a violation of La.R.S. 14:80.

On May 10, 2010, the State, pursuant to the plea agreement, amended

the bill to one count of carnal knowledge of a juvenile, and Defendant entered a

plea of guilty to the charge. The trial court sentenced him to five years at hard

labor.

Appellate counsel filed an Anders brief in this matter. There are no

non-frivolous issues in this matter. Accordingly, Defendant’s conviction and

sentence are affirmed, and counsel’s motion to withdraw is granted.

FACTS

At the guilty plea proceeding, the State set forth the factual basis for

the plea. On January 14, 2009, Defendant, age thirty-five, had sex with a fifteen-

year-old female.

ANDERS ANALYSIS

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

Defendant’s appellate counsel has filed a brief stating he could find no errors on

appeal that would support reversal of Defendant’s sentence. Thus, counsel seeks

to withdraw.

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. Defendant was properly charged by bill of information and

was present at all crucial stages of the proceedings. Defendant 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 a legal sentence.

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

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

CONVICTION AND SENTENCE AFFIRMED; MOTION TO

WITHDRAW GRANTED.

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

2

11-432

COURT OF APPEAL, THIRD CIRCUIT

STATE OF LOUISIANA

STATE OF LOUISIANA

Plaintiff-Appellee

VERSUS

MICHAEL BELL

Defendant-Appellant

On Appeal from the Fourteenth Judicial District Court, Docket Number 11059-09,
Parish of Calcasieu, State of Louisiana, Honorable David Kent Savoie, 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