81 So. 3d 835
La. Ct. App.2011Background
- Jones' second appeal following a guilty plea to manslaughter under La. R.S. 14:31; prior murder indictments and trials noted but not detailed here; indictment amended on remand to one count of manslaughter, Jones pled guilty, sentence 35 years; Anders briefing led to withdrawal of appellate counsel; appellate review conducted independently; court found no non-frivolous issues.
- Guilty plea was unconditional, with Boykin-type colloquy and waiver forms showing understanding of rights and sentence; plea acknowledged the bargained-for sentence of 35 years; record indicates advisements and waivers were properly communicated.
- Sentence imposed was 35 years at hard labor, without benefits, with time served credited, within the bargained-for term; appeal focused on presentence investigation and whether sentence could be reviewed despite plea; initial motion to reconsider denied; counsel filed Anders brief.
- Appellate court conducted independent review per Anders; concluded no non-frivolous issues; affirmed conviction and sentence; dismissed motion to withdraw.
- Court noted that the presentence investigation is discretionary and not a right of the defendant; no abuse of discretion in not ordering PSI; excessiveness challenge precluded by plea agreement; sentence within statutory range.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Anders review adequacy | Jones contends potential grounds exist for appeal | Counsel found no non-frivolous issues after review | No non-frivolous issues; withdrawal granted; conviction and sentence affirmed |
| Guilty plea validity and rights waiver | N/A | Plea was unconditional and rights were properly waived | Plea valid; waiver bars non-jurisdictional review; no merit to appeal on plea grounds |
| Presentence investigation discretion | PSI should have been ordered | PSI is discretionary; no error in not ordering | No abuse of discretion; PSI not required |
| Excessive sentence under plea | Sentence excessive | Sentence bargained-for; within range | Precluded by La. C.Cr.P. art. 881.2(A)(2); within statutory range |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (appointed counsel may withdraw if case wholly frivolous with brief)
- State v. Bradford, 676 So. 2d 1108 (La. App. 5 Cir. 1996) (independent review when Anders brief filed; non-frivolous issues required for appeal)
- State v. Jyles, 704 So.2d 241 (La. 1997) (requires meaningful review of potential issues despite Anders)
- Boykin v. Alabama, 395 U.S. 238 (1969) (necessity of Boykin colloquy for guilty plea validity)
- State v. Allen, 876 So.2d 122 (La. App. 4 Cir. 2004) (Anders-related procedures in Louisiana)
- State v. Bell, 377 So.2d 275 (La. 1979) (presentence investigation considerations and discretion)
- State v. Washington, 916 So.2d 1171 (La. App. 5 Cir. 2005) (plea-based review and waiver considerations)