State of Louisiana v. Wesley James Monroe

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

13-754

STATE OF LOUISIANA

VERSUS

WESLEY JAMES MONROE

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APPEAL FROM THE
FIFTEENTH JUDICIAL DISTRICT COURT
PARISH OF LAFAYETTE, NO. CR-138470, DIVISION K
HONORABLE PATRICK L. MICHOT, DISTRICT JUDGE

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J. DAVID PAINTER
JUDGE

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Court composed of Sylvia R. Cooks, J. David Painter, and Shannon J. Gremillion,
Judges.

HABITUAL OFFENDER ADJUDICATION AND SENTENCES
AFFIRMED. MOTION TO WITHDRAW GRANTED.

Michael Harson, District Attorney
Michelle S. Billeaud, Assistant District Attorney
Fifteenth Judicial District
P. O. Box 3306
Lafayette, LA 70502-3306
(337) 232-5170
COUNSEL FOR THE STATE OF LOUISIANA

Edward J. Marquet, Attorney at Law
P. O. Box 53733
Lafayette, LA 70505-3733
(337) 237-6841
COUNSEL FOR DEFENDANT-APPELLANT:
Wesley James Monroe

PAINTER, Judge.

Defendant, Wesley James Monroe, was convicted of second degree

kidnapping, a violation of La.R.S. 14:44.1, and armed robbery, a violation of

La.R.S. 14:64. Thereafter, Defendant was adjudicated a habitual offender and

sentenced to two concurrent terms of life imprisonment without benefit of

probation, parole, or suspension of sentence pursuant to La.R.S. 15:529.1.

Defendant appeals his adjudication as a habitual offender. Additionally, Defendant

appealed his convictions for second degree kidnapping and armed robbery under

this court‘s docket number 13-717.1 Both appeals were filed pursuant to Anders v.

California, 386 U.S. 738, 87 S.Ct. 1396 (1967). Defendant‘s counsel seeks to

withdraw in both cases. We affirm Defendant‘s habitual offender adjudication and

his sentences. Further, we affirm his convictions in the opinion rendered under

docket number 13-717. In both appeals, we grant counsel‘s motion to withdraw.

FACTS AND PROCEDURAL HISTORY

Following Defendant‘s conviction on one count of second degree

kidnapping and one count of armed robbery, the State filed a habitual offender bill

of information alleging that Defendant had been convicted of three additional

felony offenses: aggravated criminal damage to property, a violation of La.R.S.

14:55, in Acadia Parish on July 25, 2005, under docket number 66399; of illegal

possession of stolen things, a violation of La.R.S. 14:69, in Acadia Parish on

September 15, 2008, under docket number 71723; and of simple burglary, a

violation of La.R.S. 14:62, in Lafayette Parish on March 27, 2008, under docket

number 117645.

At the habitual offender hearing, the State presented undisputed evidence

that Defendant was represented by counsel and was advised of his constitutional

1
See State v. Wesley James Monroe, 13-717 (La.App. 3 Cir. ___/___/14), ___ So.3d ___.

rights at the prior convictions. His date of birth and social security number were

the same on the evidence of prior convictions. Following a hearing, the trial court

concluded that the State met its burden of proving that Defendant was the same

person convicted of the prior offenses. It vacated Defendant‘s prior sentences for

second degree kidnapping and armed robbery and enhanced both of them pursuant

to La.R.S. 15:529.1. The trial court further found Defendant to be a habitual

offender and sentenced him to two concurrent terms of life imprisonment without

benefit of probation, parole, or suspension of sentence pursuant to La.R.S.

15:529.1.

DISCUSSION

Errors Patent:

In accordance with La.Code Crim.P. art. 920, we review all appeals for

errors patent on the face of the record. After reviewing the record, we find no

errors patent.

Anders Review:

Pursuant to Anders, 386 U.S. 738, Defendant‘s appellate counsel filed a brief

stating that he could find no errors on appeal that would support reversal of

Defendant‘s adjudication or sentences. Thus, counsel seeks to withdraw.

An appellate court must conduct an independent review of the
trial court record to determine whether the appeal is wholly frivolous.
―When counsel files an Anders brief, an appellate court reviews
several items: a) the Bill of Information to ensure that the charge is
proper, b) all minute entries to ensure that defendant was present at all
crucial stages of the prosecution, c) all pleadings in the record, and d)
all transcripts to determine whether any ruling of the trial court
provides a basis for appeal.‖ State v. Defrene, 07-823, p. 4 (La.App. 5
Cir. 2/19/08), 980 So.2d 31, 33. If, after an independent review, the
reviewing court determines there are no non-frivolous issues for
appeal, it may grant counsel's motion to withdraw and affirm the
defendant's conviction and sentence.

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State v. Newman, 12-359, p. 7 (La.App. 5 Cir. 12/11/12), 107 So.3d 775, 780, writ

denied, 13-121 (La. 6/21/13), 118 So.3d 407.

Counsel‘s Anders brief must ―‗assure the court that the indigent defendant‘s

constitutional rights have not been violated.‘‖ State v. Jyles, 96-2669, p. 2 (La.

12/12/97), 704 So.2d 241, 241 (quoting McCoy v. Court of Appeals of Wisconsin,

486 U.S. 429, 439, 108 S.Ct. 1895, 1902 (1988)). Counsel must fully discuss and

analyze the trial record and consider ―whether any ruling made by the trial court,

subject to the contemporaneous objection rule, had a significant, adverse impact on

shaping the evidence presented to the jury for its consideration.‖ Jyles, 704 So.2d

at 241(citing United States v. Pippen, 115 F.3d 422 (7th Cir. 1997)). Thus,

counsel‘s Anders brief must review the procedural history, the evidence presented

in the lower court, and ―a detailed and reviewable assessment for both the

defendant and the appellate court of whether the appeal is worth pursuing in the

first place.‖ State v. Mouton, 95-981, p. 2 (La. 4/28/95), 653 So.2d 1176, 1177.

Counsel‘s brief to this court accurately recites the facts found in the record.

He notes that the State presented uncontested documentation of Defendant‘s prior

felony convictions for simple burglary and aggravated criminal damage to

property. Although counsel alleges that the trial court adjudicated Defendant a

third felony offender, the record shows that the trial judge never specified the

actual level of Defendant‘s habitual offender adjudication. The evidence, however,

shows that Defendant is in fact a third felony offender with a prior felony

conviction for aggravated criminal damage to property, defined as a crime of

violence pursuant to La.R.S. 14:2(B)(19), and another prior felony conviction for

simple burglary, an offense with a maximum sentence of twelve years at hard

labor. La.R.S. 14:62. Thus, a life sentence without benefit of parole, probation, or

suspension of sentence is mandatory for the second degree kidnapping conviction,
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and another life sentence is mandatory for the armed robbery conviction. La.R.S.

15:529.1(A)(3)(b) and (A)(4)(b).

Pursuant to Anders and Newman, this court performed a thorough review of

the record, including pleadings, minute entries, the charging instrument, and the

transcripts and has confirmed the statements made by counsel. Defendant was

properly charged in his bill of information, he was present and represented by

counsel at all crucial stages of the proceedings, he was advised of his constitutional

rights at the proceedings of his prior convictions, Defendant‘s sentences comply

with the statutory sentencing range, and review of the transcripts in the record

reveals no non-frivolous issues for appeal.

Accordingly, we grant the motion to withdraw filed by counsel and affirm

Defendant‘s adjudication as a habitual offender. We also affirm his corresponding

sentences.

DECREE

Finding no non-frivolous issues for appeal, we grant defense counsel‘s

motion to withdraw. Further, we affirm Defendant‘s adjudication as a habitual

offender and affirm the sentences of two terms of life imprisonment without

benefit of probation, parole, or suspension of sentence.

HABITUAL OFFENDER ADJUDICATION AND SENTENCES AFFIRMED.
MOTION TO WITHDRAW GRANTED.

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

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13-754

COURT OF APPEAL, THIRD CIRCUIT

STATE OF LOUISIANA

STATE OF LOUISIANA

Plaintiff-Appellee

VERSUS

WESLEY JAMES MONROE

Defendant-Appellant

On Appeal from the Fifteenth Judicial District Court, Docket Number CR-138470,
Parish of Lafayette, State of Louisiana, Honorable Patrick Louis 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 counsel‘s motion to withdraw is
granted.

THUS DONE AND SIGNED this _____ day of _________________, 2014.

COURT OF APPEAL, THIRD CIRCUIT

_________________________________
Judge Sylvia R. Cooks

_________________________________
Judge J. David Painter

_________________________________
Judge Shannon J. Gremillion

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