165 So. 3d 970
La. Ct. App.2014Background
- Defendant Steven C. Oliver was charged by bill of information with: (1) possession of marijuana with intent to distribute, (2) possession of a firearm by a convicted felon, and (3) possession of hydrocodone. He pled guilty to all counts.
- Sentences imposed per plea agreement: 15 years (count 1), 10 years without benefits (count 2), and 5 years (count 3), all concurrent; count one later enhanced to 15 years as a stipulated second felony offender under La. R.S. 15:529.1.
- Defendant stipulated to the State’s multiple-offender bill and was resentenced accordingly; he later obtained an out-of-time appeal and appealed from the convictions and sentences.
- Appellate counsel filed an Anders brief asserting no non-frivolous issues and moved to withdraw; the State agreed. The defendant did not file a pro se supplemental brief.
- The Court conducted an independent review, found no non-frivolous appellate issues, affirmed convictions and sentences, and granted counsel’s motion to withdraw. Court also performed errors-patent review and (1) corrected incomplete advisal of post-conviction prescriptive period by informing defendant in the opinion and (2) noted but declined to disturb an arguably illegally lenient sentence on count two for omission of a mandatory fine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of guilty pleas / Boykin colloquy adequacy | State: pleas were knowingly, voluntarily entered after full advisal; waiver forms and colloquy satisfied Boykin | Oliver: (no preserved claim; no pro se brief) — implicitly challenged via appeal request | Court: Pleas were constitutionally valid; waiver forms and colloquy sufficient; no non-frivolous issue |
| Waiver of pretrial objections / suppression motions | State: defendant’s unconditional guilty pleas waived non-jurisdictional defects including unresolved pretrial motions | Oliver: did not preserve objections by proceeding to guilty plea | Court: Pretrial motions were waived by plea; Crosby review unavailable |
| Multiple-offender stipulation advisal (right to hearing & remain silent) | State: written waiver form and counsel’s advisal satisfied requirements though judge did not orally advise of right to remain silent | Oliver: (no preserved argument) — potential claim the judge failed to advise orally | Court: Written waiver and counsel’s statements, executed before stipulation, cured omission; stipulation valid; no non-frivolous issue |
| Sentencing review (plea agreement and enhanced sentence) | State: sentences conformed to plea bargain and statutory ranges; enhanced sentence agreed | Oliver: (no preserved challenge) — possible argument on sentence legality | Court: Sentences were within statutory ranges and imposed per agreement; appellate review barred for agreed-upon sentences; affirmed |
Key Cases Cited
- Boykin v. Alabama, 395 U.S. 238 (U.S. 1969) (requirements for voluntariness of guilty plea via colloquy)
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedure for counsel to request leave to withdraw when appeal is frivolous)
- McCoy v. Court of Appeals of Wisconsin, Dist. 1, 486 U.S. 429 (U.S. 1988) (scope of appellate counsel’s duty when seeking to withdraw)
- State v. Bradford, 676 So.2d 1108 (La. App. 5 Cir. 1996) (local procedure for Anders-style withdrawal and independent appellate review)
- State v. Jyles, 704 So.2d 241 (La. 1997) (standards for an Anders brief in Louisiana)
- State v. Oliveaux, 312 So.2d 337 (La. 1975) (errors patent review authority)