136 So. 3d 937
La. Ct. App.2014Background
- Banks pled guilty to one count of second degree kidnapping with an agreed cap of 20 years, trial court imposed 18 years at hard labor without parole, and the plea included waiver of appeal of sentence length.
- Charges of first degree robbery and aggravated second degree battery were dismissed as part of the plea agreement; co-defendants faced related proceedings.
- The underlying events involved kidnapping and torture of Shedrick Dorsey, with multiple participants and the victim subjected to burning with a hot iron during interrogation.
- Prior to sentencing, a PSI was ordered; the court found mitigating factors (family obligations, disability, remorse) and aggravating factors (extensive criminal history, prior violent offenses).
- The court emphasized the plea’s significant benefit to Banks and the cruelty of the crime, then imposed the agreed cap sentence of 18 years at hard labor, with time served credited.
- Appellate counsel filed an Anders brief, seeking withdrawal; the defendant did not file a pro se brief despite opportunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence is reviewable despite the plea cap | Banks argues the sentence is appealable unless waived by the plea. | Banks contends the cap does not bar appellate review of sentence length. | Precluded; sentence review barred by the plea agreement cap. |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (rules on withdrawal from counsel in frivolous-appeal cases)
- State v. Benjamin, 573 So.2d 528 (La. App. 4th Cir. 1990) (Anders-type procedure in Louisiana appeals)
- State v. Jyles, 704 So.2d 241 (La. 1997) (Anders/Jyles framework for Anders briefs)
- State v. Mouton, 653 So.2d 1176 (La. 1995) (Anders andBenjamin lineage in Louisiana appellate practice)
- State v. Young, 680 So.2d 1171 (La. 1996) (plea agreement sentencing caps preclude appeal)
- State v. Smith, 110 So.3d 628 (La. App. 2d Cir. 2013) (clarifies appeal limits under plea agreements)
- State v. Pullig, 22 So.3d 1043 (La. App. 2d Cir. 2009) (appeal limitations when sentencing under cap)
- State v. Fizer, 986 So.2d 243 (La. App. 2d Cir. 2008) (sentence-review limitations in plea agreements)