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STATE OF LOUISIANA VERSUS LARRY WILLIAMS

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NO. 2006-KA-1394 COURT OF APPEAL FOURTH CIRCUIT

* STATE OF LOUISIANA ******* APPEAL FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 463-786, SECTION "J" Honorable Darryl A. Derbigny, Judge ****** CHIEF JUDGE JOAN BERNARD ARMSTRONG ****** (Court composed of Chief Judge Joan Bernard Armstrong, Judge David S. Gorbaty and Judge Leon A. Cannizzaro Jr.) EDDIE J. JORDAN, JR., DISTRICT ATTORNEY DONNA R. ANDRIEU, ASSISTANT DISTRICT ATTORNEY 1340 POYDRAS STREET SUITE 700 NEW ORLEANS, LA 70112-1221 COUNSEL FOR PLAINTIFF/APPELLEE SHERRY WATTERS LOUISIANA APPELLATE PROJECT P. O. BOX 58769 NEW ORLEANS, LA 70158-8769 COUNSEL FOR DEFENDANT/APPELLANT

CONVICTION AND SENTENCE AFFIRMED; COUNSEL'S MOTION TO WITHDRAW GRANTED

On January 20, 2006 the State filed a bill of information charging the defendant-appellant Larry Williams with one count of violating La. R.S. 40:967(C) relative to possession of cocaine. He entered a not guilty plea at arraignment on March 16, 2006. He was tried by a six-person jury on June 5, 2006 and found guilty as charged. On June 20, 2006 the court sentenced him to serve two years at hard labor. This appeal follows. The case arose on November 10, 2005 at approximately 11:00 p.m. when the defendant was observed by Detective Scott Carroll and his partner who were on patrol in the First District. The officers observed the defendant walking in the 1400 block of North Villere; the area was essentially unpopulated and deserted due to the damage caused by the flooding associated with Hurricane Katrina. Because of the nature of the area, the officers' attention was drawn to the defendant, who appeared to be opening a gate and attempting to go between two vacant houses. They decided to stop him to ascertain his identity and learn why he was in the area at that time of night. The officers directed the spotlight on their vehicle at the defendant and saw that he had an object in his hand which appeared to be a crack pipe. The officers stopped the defendant, confirmed that he was in possession of a crack pipe, and placed him under arrest for possession of drug paraphernalia. They then realized that he was attempting to swallow an object, which they

discovered was a piece of crack cocaine. In a search incidental to arrest, the officers found two more pieces of crack cocaine in the defendant's pocket. At trial, the parties stipulated that if Criminalist Harry O'Neill were called to testify, his testimony would be consistent with a report he prepared which showed that the substances seized from the defendant tested positive for cocaine. Counsel filed a brief requesting a review for errors patent. Counsel complied with the procedures outlined by Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), as interpreted by this Court in State v. Benjamin, 573 So. 2d 528 (La. App. 4th Cir. 1990). Counsel filed a brief complying with State v. Jyles, 96-2669 (La. 12/12/97), 704 So. 2d 241. Counsel's detailed review of the procedural history of the case and the facts of the case indicate a thorough review of the record. Counsel moved to withdraw because he believes, after a conscientious review of the record, that there is no non-frivolous issue for appeal. Counsel reviewed available transcripts and found no trial court ruling which arguably supports the appeal. A copy of the brief was forwarded to defendant, and this Court informed him that he had the right to file a brief in his own behalf. He has not done so. As per State v. Benjamin, this Court performed an independent, thorough review of the pleadings, minute entries, bill of information, and

transcripts in the appeal record. Defendant was properly charged by bill of information with a violation of La. R.S. 40:967, and the bill was signed by an assistant district attorney. Defendant was present and represented by counsel at arraignment, trial, and sentencing. A review of the trial transcript reveals that the State proved the offense beyond a reasonable doubt. The jury returned a legal verdict. The sentence is legal in all respects. Our independent review reveals no non-frivolous issue and no trial court ruling which arguably supports the appeal. Defendant's conviction and sentence are affirmed. Appellate counsel's motion to withdraw is granted.

CONVICTION AND SENTENCE AFFIRMED; COUNSEL'S MOTION TO WITHDRAW GRANTED



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