State v. Martin, 167 So. 3d 813

Kerry Martin pled guilty to simple burglary of an inhabited dwelling (La. R.S. 14:62.2) and illegal possession of stolen things valued $500–$1,500 (La. R.S. 14:69).
Plea occurred May 7, 2012; initial concurrent ten-year hard labor sentences were imposed (first year of count one without benefits).
State filed a multiple offender bill; Martin stipulated and was resentenced on count one as a second felony offender to ten years hard labor.
Martin later sought and was granted an out-of-time direct appeal; he also filed a post-conviction application which the trial court dismissed as premature.
On the record, facts alleged: December 22, 2011 burglary of a Hessmer Street residence and possession of an Apple iPad valued between $500 and $1,500.
Martin appealed claiming ineffective assistance of counsel for failing to investigate or move to suppress; the appellate court found the record insufficient to resolve those claims but found count two’s sentence illegally excessive and remanded for resentencing on count two.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel was ineffective in advising guilty plea and failing to investigate or file suppression motions	State: record is limited; issues better addressed in post-conviction proceedings	Martin: counsel failed to investigate, challenge probable cause, or pursue suppression; plea involuntary due to poor advice	Court: Record insufficient on direct appeal to resolve ineffective-assistance claims; relegated to post-conviction relief for evidentiary development
Whether suppression/evidentiary hearing should have been held before plea	State: not resolved on this record; suppression claims require factual development	Martin: suppression issues were excluded, violating fair trial rights	Court: Suppression claims cannot be adjudicated on this limited record; may be raised in post-conviction proceedings
Whether sentence on count two is lawful	State: original sentence exceeded statutory maximum for count two	Martin: (implicitly) challenges excessive sentence	Court: Sentence on count two (10 years) exceeds statutory maximum (5 years); vacated and remanded for resentencing in accordance with statute
Whether multiple offender sentence on count one should be upheld	State: multiple offender adjudication and sentence proper based on stipulation	Martin: not specifically challenged on the record	Court: Affirmed multiple offender sentence on count one

Strickland v. Washington, 466 U.S. 668 (establishes two-prong ineffective assistance standard)
State v. Thomas, 124 So.3d 1049 (La. 2013) (recognizes right to effective counsel under Louisiana Constitution)
State v. Mitchell, 7 So.3d 744 (La. App. 5 Cir. 2009) (claims of ineffective assistance after guilty plea are generally addressed in post-conviction proceedings where record can be expanded)
State v. Kron, 983 So.2d 117 (La. App. 5 Cir. 2008) (same: limited plea-record insufficient to resolve ineffective assistance claims on direct appeal)
State v. Oliveaux, 312 So.2d 337 (La. 1975) (requires appellate review for errors patent)