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State v. Mayon
88 So. 3d 1115
La. Ct. App.
2012
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Background

  • Defendant Kevin Mayon appealed convictions and sentences for two counts of aggravated burglary, one count of attempted aggravated burglary, and one count of attempted simple burglary of an inhabited dwelling, after pleading guilty under Alford.
  • The case initially charged four counts of attempted armed robbery with a firearm and one armed robbery; amended to burglary-related offenses in 2010.
  • Pretrial motions to suppress evidence and identification were denied; motion to quash denied; record indicates no preserved rulings for appeal under Crosby.
  • Appellate counsel filed an Anders brief claiming no non-frivolous issues; defendant was informed and invited to file pro se brief; State agreed to affirm.
  • Trial court withheld no irregularities in guilty pleas; defendant was advised of rights via Boykin colloquy and waiver forms; sentences aligned with the plea agreement and statutory ranges.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether any non-frivolous issues exist on appeal No non-frivolous issues; plea and sentencing within agreement; Anders review supported. Possible issues exist (e.g., prescription) despite Anders review; record primarily supports timely prosecution. No non-frivolous issues identified; convictions and sentences affirmed.
Whether the plea and plea agreement bar appellate review of sentence Article 881.2(A)(2) precludes review of sentences imposed in conformity with a plea agreement; sentences within statutory range. Plea-based waivers may not foreclose all avenues of review; potential challenges to prescription and voluntariness. Sentences upheld under the plea agreement; no meritorious challenge under the Anders framework.

Key Cases Cited

  • State v. Benjamin, 573 So.2d 528 (La.App. 4 Cir. 1990) (procedure for Anders-compliance reviewed by independent assessment)
  • State v. Jyles, 704 So.2d 241 (La. 1997) (Anders brief must show counsel’s review of meritorious issues)
  • State v. Bradford, 676 So.2d 1108 (La. App. 5 Cir. 1996) (adopted Bradford–Bradford framework for Anders review)
  • State v. McCoil, 924 So.2d 1120 (La. App. 5 Cir. 2006) (guilty plea infirmities and post-conviction relief standards)
  • Boykin v. Alabama, 395 U.S. 238 (1969) (required Boykin colloquy for voluntary and intelligent plea)
  • State v. Mouton, 653 So.2d 1176 (La. 1995) (Anders procedure sanctioned and adopted in Louisiana)
  • Wingerter, 926 So.2d 662 (La. App. 5 Cir. 2006) (plea-review and waiver considerations in similar context)
  • State v. Oliveaux, 312 So.2d 337 (La. 1975) (errors-patent and appellate review framework)
  • State v. Weiland, 556 So.2d 175 (La. App. 5 Cir. 1990) (patent errors and review guidelines)
Read the full case

Case Details

Case Name: State v. Mayon
Court Name: Louisiana Court of Appeal
Date Published: Feb 28, 2012
Citation: 88 So. 3d 1115
Docket Number: No. 11-KA-643
Court Abbreviation: La. Ct. App.