Opinion
No. 2007 KA 1070.
March 26, 2008.
ON APPEAL FROM THE SEVENTEENTH JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF LAFOURCHE STATE OF LOUISIANA SUIT NUMBER 427213 HONORABLE F. HUGH LAROSE, PRESIDING.
Peter J. Rousse, Assistant District Attorney, Thibodaux, LA, Counsel for Appellee, State of Louisiana.
Larry P. Boudreaux, Thibodaux, LA, Counsel for Defendant/Appellant, Frederick Reed.
BEFORE: WHIPPLE, GUIDRY, AND HUGHES, JJ.
The defendant, Frederick Reed, was charged by bill of information with possession of cocaine, a violation of La.R.S. 40:967 (count 1); possession with intent to distribute hydrocodone, a violation of La.R.S. 40:967 (count 2); and possession with intent to distribute alprazolam, a violation of La.R.S. 40:969 (count 3). The defendant pled not guilty. Thereafter, pursuant to a plea agreement, the State entered a nolle prosequi as to count 2 and count 3. The defendant was rearraigned and, following a Boykin examination, pled guilty to possession of cocaine (count 1). The defendant was sentenced to five years at hard labor. The sentence was ordered to run concurrently with the sentence imposed for a previous conviction (Docket number 423147).
Although the defendant appealed, he has failed to file an appellate brief with this court, as required by Uniform Rules — Courts of Appeal, Rule 2-12.1. Therefore, we are limited in our review to errors discoverable by a mere inspection of the pleadings and proceedings without inspection of the evidence. See La.C.Cr.P. art. 920(2); Uniform Rules — Courts of Appeal, Rule 2-12.4; State v. Price, 05-2514, pp. 18-21 (La.App. 1st Cir. 12/28/06), 952 So. 2d 112, 123-124 (en banc), writ denied, 07-0130 (La. 2/22/08), ___ So. 2d ___, (petition for cert. filed with Louisiana Supreme Court on 1/24/07, 2007-K-130). After a careful review of the record, we have found no reversible errors. Accordingly, the conviction and sentence are affirmed.
The brief that was filed in this matter was simply a copy of the brief for another one of the defendant's cases, which was also appealed to this court ( State v. Reed, 2007 KA 1069). The brief in no way addresses or corresponds to anything in the instant matter, other than indicating on page one that the defendant entered into a plea agreement in the instant matter (docket number 427213). He further states in his brief that he "does not appeal the conviction resulting from the guilty plea he entered into pursuant to a plea agreement under docket number 42713." Accordingly, the defendant is considered to have failed to file a brief for the instant matter.