215 So. 3d 969
La. Ct. App.2017Background
- Landis Camp was charged with fourth-offense DWI (La. R.S. 14:98/14:98.4) and aggravated criminal damage to property (La. R.S. 14:55) arising from October 29, 2015.
- Camp pled not guilty, had pretrial motions denied, then pled guilty on March 23, 2016 after a Boykin colloquy and pursuant to a plea agreement.
- Pursuant to the plea, Camp received concurrent hard labor terms: 10 years (with 2 years without benefits) and a $5,000 fine for DWI, and 7.5 years for aggravated damage; sentences were within statutory ranges.
- Camp later obtained an out-of-time appeal; appointed appellate counsel filed an Anders brief seeking permission to withdraw, asserting no non-frivolous issues for appeal.
- The State and the court reviewed the record: plea colloquy, advisals, and the preliminary-exam evidence (dash/body camera footage and officer testimony) were reflected in the minutes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of guilty plea (Boykin/waiver) | State: plea was knowing, voluntary, and counseled; rights properly waived | Camp: seeks to challenge pretrial rulings and competency | Court: plea colloquy adequate; plea waived challenges; convictions affirmed |
| Counsel withdrawal under Anders | Appellate counsel: case is wholly frivolous; filed Anders brief | Camp: filed pro se briefs alleging probable cause failure and other non-specific complaints | Court: independent review agrees no non-frivolous issues; grants counsel’s motion to withdraw |
| Probable cause at preliminary examination | State: presented video and officer testimony at preliminary exam | Camp: argues State failed to show probable cause | Court: record contradicts Camp; preliminary exam had evidence; claim lacks merit and was waived by plea |
| Sentencing conformity and appealability | State: sentence within statutory range and conformed to plea agreement; defendant informed of appeal rights | Camp: contends errors (unspecified) | Court: sentences within statutory range, plea agreement bars appeal of sentence under La. C.Cr.P. art. 881.2(A)(2); convictions and sentences affirmed |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (counsel may move to withdraw if appeal is wholly frivolous and must file a brief pointing out anything that might support appeal)
- Boykin v. Alabama, 393 U.S. 820 (U.S. 1968) (constitutional requirements for plea colloquy and waiver of trial rights)
- McCoy v. Court of Appeals of Wisconsin, Dist. 1, 486 U.S. 429 (U.S. 1988) (discussing counsel’s duty when seeking withdrawal under Anders)
- State v. Jyles, 704 So.2d 241 (La. 1997) (state guidance on content and scope of an Anders brief)
- State v. Bradford, 676 So.2d 1108 (La. App. 5 Cir. 1996) (adopted procedure for Anders review and independent appellate review)
- State v. Oliveaux, 312 So.2d 337 (La. 1975) (mandates appellate courts to review records for errors patent)