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72 So. 3d 952
La. Ct. App.
2011
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Background

  • Defendant Thurman L. Boyd Jr. pled guilty to possession with intent to distribute cocaine (Schedule II) and illegal possession of a firearm by a convicted felon under a plea agreement.
  • Plea agreement included sentences of 30 years (drug) and 10 years (firearm), to be served concurrently, with fines and costs payable.
  • State agreed not to pursue habitual offender status and to dismiss other charges.
  • Defendant’s appellate counsel filed an Anders brief; the court ordered briefing on fines as a potential non-frivolous issue.
  • Trial court informed defendant of fines: cocaine conviction up to $50,000; firearm conviction $1,000 to $5,000; defendant understood the fines.
  • On appeal, defendant challenged the fines as excessive; the court held fines within statutory limits and not grossly excessive given plea benefits and concurrent sentencing.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Are the fines grossly excessive given the plea and sentences? Boyd contends fines are excessive. Boyd argues no specific fine amounts were stated; fines are excessive relative to outcomes. Not excessive; within statutory limits and balanced by plea benefits.
Was the amount of the fines clearly defined in the plea agreement? State contends fine ranges were stated at sentencing. Defense did not object to state’s assertion of standard fines. Ambiguity resolved by on-record statements; fines within statutory limits.
Did the defendant preserve the error to challenge fines on appeal? Constitutional excessiveness review applies where properly preserved. Defendant raised sentencing issues but did not object to fines. LSA-C.Cr.P. art. 881.1 limits review to bare excessiveness without new objections.

Key Cases Cited

  • State v. Mims, 619 So.2d 1059 (La.1993) (excessiveness review limitations on sentencing)
  • State v. Masters, 862 So.2d 1121 (La.App.2d Cir.2008) (limitations on reviewing sentencing in Anders cases)
  • State v. Duncan, 707 So.2d 164 (La.App.2d Cir.1998) (scope of appellate sentencing review)
  • State v. Dorthey, 623 So.2d 1276 (La.1993) (gross disproportionality standard for sentences)
  • State v. Bonanno, 384 So.2d 355 (La.1980) (principle of proportionality in sentencing)
  • State v. Boswell, 62 So.3d 874 (La.App.2d Cir.2011) (great discretion in plea-bargained sentences)
  • State v. Kidd, 55 So.3d 90 (La.App.2d Cir.2010) (no abuse of discretion absent manifest error in sentencing)
  • State v. Mouton, 653 So.2d 1176 (La.1995) (Anders framework and appellate review)
  • State v. Jyles, 704 So.2d 241 (La.1997) (Anders procedure and appeals from guilty pleas)
  • State v. Benjamin, 573 So.2d 528 (La.App.4th Cir.1990) (Anders-style briefing guidance)
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Case Details

Case Name: State v. Boyd
Court Name: Louisiana Court of Appeal
Date Published: Sep 21, 2011
Citations: 72 So. 3d 952; 2011 La. App. LEXIS 1065; 2011 WL 4374554; No. 46,321-KA
Docket Number: No. 46,321-KA
Court Abbreviation: La. Ct. App.
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