State v. Ferrera, 208 So. 3d 1060

Background

Defendant Darwin Ferrera was charged with vehicular homicide (La. R.S. 14:32.1) for allegedly causing a death while driving under the influence; he initially pleaded not guilty, then pleaded guilty.
An interpreter (Spanish) was appointed and present during the guilty-plea colloquy and sentencing; defense counsel was fluent in Spanish.
At plea, the court advised Ferrera of Boykin rights through the interpreter; Ferrera acknowledged understanding and signed a waiver form (in English) after counsel explained it.
Plea colloquy and waiver form indicated a $2,000 fine as part of the plea agreement; at sentencing the trial court imposed a $10,000 fine.
Four days after the vehicular-homicide plea, Ferrera pleaded guilty to a misdemeanor failure-to-yield (case 14-4038) and received a concurrent one-year sentence; there was no record showing the State agreed to dismiss that misdemeanor as part of the vehicular-homicide plea.
On appeal, Ferrera raised claims that his guilty plea was not knowing/voluntary (language barrier and inconsistent paperwork), that sentence was excessive/breach of plea, and ineffective assistance of counsel; the appellate court affirmed conviction but remanded to correct the fine to match the plea agreement.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Voluntariness of guilty plea given language barrier and English-only waiver form	State: plea was knowingly and voluntarily entered with interpreter assistance and Spanish-fluent counsel	Ferrera: did not understand plea or waiver because form was English and he does not speak/comprehend English	Held: Plea was knowing and voluntary; interpreter and counsel satisfied Boykin colloquy and waiver requirements
Alleged plea bargain promise to dismiss misdemeanor (case 14-4038)	State: dismissal was not part of the plea; defendant later pleaded guilty and received concurrent sentences	Ferrera: counsel told court State would nolle pros the misdemeanor; he relied on dismissal as part of the bargain	Held: No record that State/judge agreed to dismiss; any belief was not induced by prosecutor/judge and dismissal was not a material condition
Excessive sentence / conformity with plea agreement	State: sentence (20 years) was warned at plea and conformed to agreement	Ferrera: 20 years exceeded mandatory minimum or was excessive	Held: Sentence of imprisonment was imposed in conformity with plea agreement so excessiveness claim precluded on appeal
Plea bargain breach re: fine amount	State: (implicit) sentence terms were those set at plea	Ferrera: waiver form and colloquy indicated $2,000 fine but court imposed $10,000	Held: Trial court breached plea terms regarding fine; appellate court set aside $10,000 fine and remanded for resentencing in conformity with plea agreement
Sufficiency / factual basis for plea	State: plea admits factual guilt; no need for further factual recitation absent proclamation of innocence	Ferrera: cited preliminary exam testimony and argued insufficient evidence	Held: Guilty plea precludes sufficiency challenge; no need for factual basis absent notice of defect
Ineffective assistance of counsel for inadequate investigation	State: such claims are better raised in post-conviction proceedings where record can be developed	Ferrera: counsel failed to investigate and obtain discovery, producing prejudice	Held: Record insufficient to resolve ineffectiveness claim on direct appeal; defer to post-conviction forum

Key Cases Cited

Boykin v. Alabama, 395 U.S. 238 (1969) (constitutional requirement that guilty pleas be voluntary and made with knowledge of rights)
State v. Wingerter, 926 So.2d 662 (La. App. 5 Cir. 2006) (guilty plea waives non-jurisdictional defects)
State v. McCoil, 924 So.2d 1120 (La. App. 5 Cir. 2006) (only constitutionally infirm pleas may be withdrawn after sentencing)
State v. Gonzales, 707 So.2d 82 (La. App. 5 Cir. 1998) (valid plea where interpreter translated Boykin colloquy and defendant acknowledged understanding)
State v. Phillips, 39 So.3d 610 (La. App. 5 Cir. 2010) (misunderstanding not induced by prosecutor/judge is not grounds to withdraw plea)
State v. Hoover, 785 So.2d 184 (La. App. 2 Cir. 2001) (same principle regarding misunderstandings)
State v. Harrell, 40 So.3d 311 (La. App. 5 Cir. 2010) (burden shifts to defendant to prove plea involuntary when record shows waiver)
State v. Smith, 38 So.3d 894 (La. App. 5 Cir. 2010) (no constitutional duty to establish factual basis for plea absent proclamation of innocence)
State v. Louis, 446 So.2d 822 (La. App. 2 Cir. 1984) (defendant entitled to specific performance or withdrawal if plea bargain breached)
State ex rel. Turner v. State, 906 So.2d 399 (La. 2005) (remand for resentencing to conform to plea agreement when breach appears)
State v. Keener, 939 So.2d 510 (La. App. 2 Cir. 2006) (same remedy for plea-bargain breaches)