State v. Gayden, 168 So. 3d 766

Defendant Raymone Gayden pleaded guilty to: (1) felon in possession of a firearm (La. R.S. 14:95.1); (2) possession with intent to distribute heroin (La. R.S. 40:966(A)); and (3) possession of cocaine in excess of 28 to 199 grams (La. R.S. 40:967(F)).
Initial sentencing: 15 years hard labor without benefits on count 1; 15 years hard labor (first 5 years without benefits) on count 2; 15 years hard labor on count 3. Sentences ordered to run concurrently and with other case numbers.
Defendant stipulated to second felony offender status; count 3 sentence vacated and replaced by an enhanced 15-year hard labor sentence without benefits.
Defendant was granted an out-of-time appeal after filing for post-conviction relief alleging ineffective assistance of counsel (claiming denial of appeal and that, but for counsel’s ineffectiveness, he would have gone to trial).
Appellate counsel filed an Anders-style brief asserting no non-frivolous issues; the appellate court conducted an independent review for error patent.
The court found sentencing errors: omission of the mandatory fine on count 1 (illegal leniency) and an improper parole restriction on count 2 (imposed beyond statutory authorization).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity of convictions after guilty pleas	State: convictions valid based on plea and record	Gayden: seeks to attack conviction via ineffective assistance claim (would have gone to trial)	Convictions affirmed; ineffective-assistance trial claim deferred to post-conviction process
Right to an out-of-time appeal	Gayden: trial counsel was ineffective, denying right to appeal	State: court granted out-of-time appeal; record reviewed	Out-of-time appeal granted by trial court; appellate review proceeded
Mandatory fine for felon-in-possession (count 1)	State: sentence should include statutory mandatory fine	Gayden: indigent and pleaded guilty; court noted inability to pay	Court found omission made sentence illegally lenient but declined to correct due to defendant’s apparent indigence and guilty plea
Parole restriction on heroin distribution (count 2)	State: imposed restriction at sentencing	Gayden: parole restriction unauthorized by statute	Court held parole restriction exceeded statutory authority, amended sentence to delete restriction under La. C.Cr.P. art. 882

Anders v. California, 386 U.S. 738 (U.S. 1967) (framework for counsel to request withdrawal when no non-frivolous appeal exists)
State v. Jyles, 704 So.2d 241 (La. 1997) (appellate responsibilities when counsel asserts frivolous appeal)
State v. Bradford, 676 So.2d 1108 (La. App. 5th Cir. 1996) (procedures for Anders-style briefs in this circuit)
State v. Reeves, 11 So.3d 1031 (La. 2009) (ineffective-assistance claims and post-conviction relief evidentiary hearings)
State v. McGee, 24 So.3d 235 (La. App. 5th Cir. 2009) (declining to correct an illegally lenient sentence where defendant is indigent and plea-based)
State v. Sanders, 876 So.2d 42 (La. 2004) (appellate authority under La. C.Cr.P. art. 882 to correct illegal sentences at any time)
State v. Richard, 115 So.3d 86 (La. App. 5th Cir. 2013) (procedures for transmitting corrected commitments)
State v. Oliveaux, 312 So.2d 337 (La. 1975) (mandate for reviewing records for errors patent)
State v. Mouton, 653 So.2d 1176 (La. 1995) (sanctioning procedures for appointment/counsel review protocols)