173 So. 3d 1222
La. Ct. App.2015Background
- Calvin Hayes pleaded guilty (March 19, 2013) to four counts arising from theft/unauthorized use/carjacking of vehicles and tools occurring Feb. 17–19, 2012; plea followed waiver-of-rights colloquy and signed form.
- The trial court sentenced Hayes: concurrent 10-year terms on counts 1, 2, and 4 (sentence did not specify hard labor); count 3 (carjacking) enhanced to 20 years at hard labor as a second-felony offender.
- Hayes later obtained an out-of-time appeal (post-conviction relief granted) and appealed, arguing the Boykin colloquy was defective because the record lacked a sufficient factual basis and he had earlier filed an alibi notice.
- The State maintained the court had no duty to elicit a factual basis because Hayes did not assert innocence or otherwise put the court on notice that a factual-basis inquiry was required.
- The appellate court affirmed convictions, finding Hayes’s pleas were unqualified (not Alford/no claim of innocence) and the colloquy sufficient; but it found patent sentencing errors: counts 1, 2, and 4 were indeterminate because the judgment failed to state whether sentences were with or without hard labor.
- The court remanded for resentencing on counts 1, 2, and 4 to impose determinate sentences and for correction of the Uniform Commitment Order to reflect both offense dates.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the guilty-plea colloquy was defective for lack of factual basis | State: no duty to elicit factual basis absent notice of innocence | Hayes: transcript lacked sufficient factual basis; earlier alibi notice put court on notice | Court: plea was unqualified; Hayes did not assert innocence or Alford plea; no factual-basis inquiry required; conviction affirmed |
| Whether an Alford-type claim required "strong evidence of guilt" on the record | State: not applicable because Hayes did not assert innocence | Hayes: maintained innocence via pretrial alibi notice (argued need for factual basis) | Court: alibi notice did not amount to proclaiming innocence at plea; Alford requirements not triggered |
| Whether failure to state "hard labor" rendered sentences invalid | State: (addressed on appeal) sentencing omission not harmless | Hayes: sentences on counts 1,2,4 indeterminate because hard-labor status omitted | Court: agreed—sentences on counts 1,2,4 vacated as indeterminate and remanded for determinate sentencing |
| Whether Uniform Commitment Order reflected correct offense dates | N/A | Hayes: (sought accurate record) | Court: commitment order incorrect; remanded for correction and transmission to DOC |
Key Cases Cited
- Boykin v. Alabama, 395 U.S. 238 (1969) (requires that guilty plea be voluntary and made with knowledge of certain constitutional rights)
- North Carolina v. Alford, 400 U.S. 25 (1970) (plea claiming innocence still accepted if record contains strong evidence of guilt)
- State v. Counterman, 475 So.2d 336 (La. 1985) (framework for out-of-time appeal/post-conviction relief)
- State v. Autin, 40 So.3d 193 (La. App. 5 Cir. 2010) (no requirement under Louisiana law to recite factual basis absent notice of innocence)
- State v. Wynne, 926 So.2d 789 (La. App. 2 Cir. 2006) (due process does not impose duty on state judges to ascertain factual basis before accepting plea in absence of notice)