273 So. 3d 548
La. Ct. App.2019Background
- Defendant Glenn Lawrence (aka Michael McCoy) pled guilty to home invasion (La. R.S. 14:62.8) on May 26, 2016 and was sentenced to 15 years at hard labor to run concurrently with several other sentences.
- No factual basis was provided at plea colloquy; facts were taken from the bill of information alleging unauthorized entry of an inhabited dwelling with intent to use force or vandalize while a person was present.
- Defendant later sought an out-of-time appeal; appellate counsel (Louisiana Appellate Project) filed an Anders brief stating no non-frivolous issues for appeal and moved to withdraw.
- The court conducted an independent review, found the plea and Boykin advisement valid, and the sentence conformed to the plea agreement and statutory range.
- Defendant filed a pro se supplemental brief raising ineffective-assistance and newly discovered-evidence arguments; the court held the record was insufficient to resolve ineffective assistance on direct appeal and directed those claims to post-conviction proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of guilty plea | State: plea was knowing, intelligent, voluntary; Boykin rights waived. | Lawrence: claims he did not plead because of actual guilt and contests counsel's summary. | Court: plea valid; trial court properly advised and accepted plea. |
| Anders counsel withdrawal | State/Appellate counsel: no non-frivolous issues after review; withdrawal permitted. | Lawrence: counsel failed to consider his Notice and primary issues; withdrawal improper. | Court: independent review agreed with Anders brief; motion to withdraw granted. |
| Right to challenge sentence | State: sentence imposed per plea agreement and within statutory range; plea waives non-jurisdictional challenges. | Lawrence: contends sentencing errors and seeks review/excessiveness challenge. | Court: sentence conforms to plea; La. C.Cr.P. art. 881.2(A)(2) precludes review of sentence within plea agreement. |
| Ineffective assistance / newly discovered evidence | Lawrence: trial counsel withheld/failed to investigate, new affidavits/exculpatory evidence justify relief. | State: such claims normally belong in post-conviction relief; record insufficient on direct appeal. | Court: record inadequate to resolve Strickland claim or new-evidence withdrawal; directed Lawrence to file APCR in trial court. |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedure when appellate counsel finds no non‑frivolous issues)
- Boykin v. Alabama, 395 U.S. 238 (1969) (constitutional waiver of trial rights on guilty plea)
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑part ineffective assistance of counsel test)
- Hill v. Lockhart, 474 U.S. 52 (1985) (prejudice standard for ineffective-assistance claims challenging guilty pleas)
- State v. Bradford, 676 So.2d 1108 (La. App. 5 Cir.) (adopted Anders‑style procedures for Louisiana appellate review)
- State v. Moore, 958 So.2d 36 (La. App. 5 Cir.) (defendant barred from appealing sentence imposed in conformity with plea agreement)