299 So.3d 1238
La. Ct. App.2020Background
- Jontreal A. Fisher was charged with: possession of a firearm by a convicted felon (La. R.S. 14:95.1), possession of heroin <2 g (La. R.S. 40:966(C)), and possession with intent to distribute cocaine <28 g (La. R.S. 40:967(A)).
- At a pre-trial conference on April 22, 2019, Fisher withdrew not-guilty pleas and pled guilty to all counts pursuant to a plea agreement; the State agreed not to file a multiple-offender bill.
- The trial court imposed concurrent sentences: 20 years hard labor (count 1, without benefit), 4 years hard labor (count 2), and 20 years hard labor (count 3), plus fines/fees.
- After sentencing Fisher filed pro se claims that defense counsel never investigated his case and provided ineffective assistance; he appealed following denial of his pro se motion alleging counsel failures.
- The Fifth Circuit affirmed the convictions and sentences on counts 1 and 2, found the record insufficient to resolve the ineffective-assistance-on-appeal claims (directed Fisher to seek post-conviction relief), vacated the illegal 20-year sentence on count 3 for exceeding the statutory maximum, and remanded for resentencing on count 3.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Fisher) | Held |
|---|---|---|---|
| Whether the trial court erred in accepting Fisher's guilty pleas after he told the court counsel had not investigated | The trial court complied with La. C.Cr.P. art. 556.1; pleas were voluntary and Fisher received a favorable plea (no multiple bill) | Counsel failed to investigate and pressured Fisher to plead guilty; plea therefore involuntary | Pleas were valid and knowingly/voluntarily entered; acceptance affirmed |
| Whether counsel was ineffective for failing to investigate and thus Fisher's plea was involuntary (Strickland/Hill standard) | Record does not show deficient performance or prejudice on its face; issues not preserved for direct relief | Trial counsel never met/investigated; Fisher would not have pled guilty if properly counseled | Record on direct appeal is insufficient to resolve the claim; claim should be pursued via post-conviction proceedings |
| Legality of the sentence on count 3 (sentenced to 20 years though statute provides 1–10 years) | N/A (court recognized sentencing error on review) | Fisher received an illegal sentence exceeding statutory maximum | Count 3 sentence vacated; remanded for resentencing consistent with La. R.S. 40:967(B)(1)(a) |
| Failure to impose mandatory fine on count 1 | Mandatory fine should have been imposed by trial court | Fisher is indigent (represented by Louisiana Appellate Project) | Court declined to remand to impose mandatory fine due to defendant's indigency |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (two-prong ineffective assistance test)
- Hill v. Lockhart, 474 U.S. 52 (Strickland applied to plea decisions)
- Lockhart v. Fretwell, 506 U.S. 364 (deferential review of counsel's performance)
- State v. Thomas, 124 So.3d 1049 (La. 2013) (effective-assistance standards under Louisiana law)
- State v. McCoil, 924 So.2d 1120 (La. App. 5 Cir. 2006) (guilty plea waives nonjurisdictional defects)
- State v. Mitchell, 7 So.3d 744 (La. App. 5 Cir. 2009) (record may be insufficient on direct appeal to resolve ineffective-assistance claims)