State v. Jones, 163 So. 3d 875

Charles Jones pled guilty to felony theft over $1,500 for selling $4,523 worth of employer’s short iron in four transactions in Sept–Oct 2012.
State and defendant agreed to a plea with a sentencing cap of seven years at hard labor and no habitual-offender filing; defendant admitted the facts and pled guilty.
Pre-sentence report showed Jones was a second-felony offender; trial court sentenced him to five years at hard labor consistent with the plea cap.
The trial court orally informed Jones he had 30 days to appeal (meant 30 days to seek reconsideration); Jones was later granted leave to appeal and appellate counsel was appointed.
Appellate counsel filed a motion to withdraw with an Anders brief, stating no non-frivolous issues existed; Jones did not file a pro se brief or request the record.
The appellate court found the plea and Boykin advisals proper, the sentence unreviewable under the plea agreement, and only an immaterial error-patent regarding misstated post-conviction filing advice.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity of guilty plea (Boykin advisals)	State: plea was knowing, voluntary, and Boykin-compliant	Jones: (no non-frivolous challenge raised)	Plea valid; advisals were proper and defendant understood the agreement
Reviewability of sentence imposed under plea cap	State: sentence within agreed cap and thus not reviewable on appeal	Jones: (no non-frivolous challenge raised)	Sentence is precluded from review because imposed under plea agreement cap
Counsel’s Anders withdrawal	State/Appellate counsel: no non-frivolous issues justify appeal	Jones: did not file pro se brief or contest withdrawal	Anders procedures satisfied; counsel’s motion to withdraw granted
Error-patent on post-conviction filing advice	State: trial court misstated the filing period but error does not require resentencing	Jones: (no timely claim seeking relief)	Harmless/ministerial error; court advises correct two-year rule but denies relief/remand

Anders v. California, 386 U.S. 738 (1967) (procedures for counsel to withdraw when appeal is frivolous)
Boykin v. Alabama, 395 U.S. 238 (1969) (requirements for valid guilty plea advisals)
State v. Jyles, 704 So.2d 241 (La. 1997) (Anders-like procedures in Louisiana)
State v. Mouton, 653 So.2d 1176 (La. 1995) (appellate counsel withdrawal guidance)
State v. Benjamin, 573 So.2d 528 (La. App. 4th Cir. 1990) (procedures for notifying defendant when counsel moves to withdraw)
State v. Young, 680 So.2d 1171 (La. 1996) (sentence imposed under plea agreement cap is not reviewable)
State v. Cooper, 718 So.2d 1063 (La. App. 2d Cir. 1998) (misstatement of post-conviction filing period not grounds for resentencing)
State v. Pugh, 911 So.2d 898 (La. App. 2d Cir. 2005) (correct two-year bar for post-conviction filings)