State of Louisiana v. Kenneth Wheeler

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT KA08-526 STATE OF LOUISIANA VERSUS KENNETH WHEELER

********** APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF ACADIA, NO. 68274 HONORABLE KRISTIAN DENNIS EARLES ********** OSWALD A. DECUIR JUDGE ********** Court composed of Oswald A. Decuir, Billy H. Ezell, and James T. Genovese, Judges.

APPEAL DISMISSED.

Hon. Michael Harson District Attorney, 15th JDC P.O. Box 288 Crowley, LA 70527-0288 (337) 898-4320 COUNSEL FOR APPELLEE: State of Louisiana G. Paul Marx Attorney at Law P.O. Box 82389 Lafayette, LA 70598-2389 (337) 237-2537 COUNSEL FOR APPELLANT: Kenneth Wheeler Kenneth Wheeler, Pro Se M.C.C. - Dorm A Treatment Plant Road Tallulah, LA 71282 Decuir, Judge.

A review of the record in this matter reveals that Defendant pled guilty to possession of cocaine with intent to distribute, a violation of La.R.S. 40:967, and was sentenced to serve ten years at hard labor, on May 29, 2007.

On January 6, 2008, Defendant filed a “PETITION FOR WRIT OF HABEAS CORPUS.” The relief sought in the petition was to allow him to withdraw his plea of guilty. The trial court denied the petition on the date it was filed. On February 4, 2008, Defendant filed a motion for appeal from the denial of his “PETITION FOR WRIT OF HABEAS CORPUS.”

Appellate counsel for Defendant has filed an Anders brief1 in which he acknowledged the judgment denying a pleading which sought to withdraw a guilty plea is not an appealable judgment.2 Accordingly, we dismiss Defendant’s appeal.

APPEAL DISMISSED.

A brief filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967).

Defendant has a pending supervisory writ application before this court seeking review of the same judgment at issue in the appeal.