State v. Lee
171 So. 3d 1214
La. Ct. App.2015Background
- Defendant Jerry Lee was charged (bill of information) with armed robbery with a firearm (La. R.S. 14:64 and 14:64.3) and pled guilty on October 17, 2013.
- At plea colloquy Lee admitted the factual basis (armed robbery of Larinda Connor on Feb. 7, 2011) and signed a waiver-of-rights form.
- During the colloquy the judge told Lee he would receive 10 years for armed robbery plus a consecutive 5-year firearm enhancement (total 15 years); the State agreed not to file a multiple offender bill.
- At sentencing the judge pronounced only “a total of fifteen years” without separately imposing the mandatory 5-year firearm enhancement under La. R.S. 14:64.3.
- Appellate counsel filed an Anders brief; the appellate court independently reviewed the record, found no defect in the plea, but identified the sentencing error and ordered briefing.
- The court affirmed the conviction but vacated the sentence as indeterminate and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of guilty plea (Boykin rights; notice of charge) | State: plea was knowing, voluntary, supported by colloquy and waiver form | Lee did not challenge plea validity on appeal | Court held plea was valid and knowingly made; conviction affirmed |
| Sentence structure — firearm enhancement under La. R.S. 14:64.3 | State relied on colloquy representation that separate consecutive 5-year enhancement would be imposed | Lee argued sentence did not separately impose the 5-year enhancement as represented | Court held judge failed to impose the separate mandatory 5-year term; sentence is indeterminate; vacated and remanded for resentencing |
| Waiver of arraignment irregularity | State: any arraignment defect waived by guilty plea | Lee did not preserve objection to arraignment | Court held arraignment irregularity was waived by the guilty plea; no corrective action needed |
| Omission of statutory citation on waiver form | State: omission was harmless; form adequately described charge | Lee did not show prejudice from missing La. R.S. 14:64 citation | Court held omission harmless under facts; no corrective action needed |
Key Cases Cited
- Boykin v. Alabama, 395 U.S. 238 (U.S. 1969) (establishes that plea colloquy must show waiver of trial, confrontation, and self-incrimination rights)
- State v. Benjamin, 573 So.2d 528 (La. App. 4 Cir. 1990) (procedure for Anders-style appellate filings in Louisiana)
- State v. Mouton, 653 So.2d 1176 (La. 1995) (Louisiana Supreme Court sanctioning Anders procedure used by Benjamin)
- State v. Long, 81 So.3d 875 (La. App. 5 Cir. 2011) (holding that failure to impose separate mandatory firearm enhancement renders sentence indeterminate)
- State v. Oliveaux, 312 So.2d 337 (La. 1975) (requires review of records for errors patent)