220 So. 3d 882
La. Ct. App.2017Background
- Arthur L. Payne was charged with possession with intent to distribute cocaine (bill dated on or about March 25, 2014) and pleaded guilty on April 27, 2016 pursuant to a plea agreement.
- Trial court accepted the plea and imposed a 20-year hard labor sentence without benefit of probation, parole, or suspension of sentence, to run concurrently with other cases.
- Defendant later obtained post-conviction relief to pursue an out-of-time appeal; appointed appellate counsel reviewed the record and filed an Anders brief seeking to withdraw.
- The plea colloquy and a signed waiver form showed defendant was advised of rights waived (jury trial, confrontation, privilege against self-incrimination) and that the 20-year sentence would be imposed.
- Counsel identified no non-frivolous appellate issues; the court conducted an independent Anders review and found no meritorious claims that preserved appeal.
- Court’s error-patent review found an illegal sentencing detail: statute restricts benefits only for the first two years, so the court amended the sentence to limit the benefits restriction to two years and affirmed as amended.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Payne) | Held |
|---|---|---|---|
| Validity of guilty plea (Boykin requirements) | Plea was knowing, voluntary, and adequately colloquied; waiver form and colloquy satisfied Boykin | Plea not raised as constitutionally infirm on appeal; no pro se supplement filed | Plea was valid: knowingly and voluntarily entered; waived non-jurisdictional defects |
| Sufficiency of charging instrument | Bill of information sufficiently alleged essential facts | No challenge persisted due to guilty plea | Bill was adequate; no reversible defect |
| Reviewability under Anders (counsel motion to withdraw) | Appellate counsel performed a conscientious review and identified no non-frivolous issues; move to withdraw | Defendant did not show arguable issues or file a pro se brief | Court independently reviewed record, granted motion to withdraw, affirmed conviction |
| Incorrect advisal of mandatory minimum sentence (La. C.Cr.P. art. 556.1) | Any variance was harmless because defendant knew and received the agreed 20-year sentence | Could argue incorrect advisal of minimum sentence | Error did not affect substantial rights; harmless where defendant knew/agreed to actual sentence |
| Sentencing restriction beyond statutory authorization | State did not contest amendment; original sentence denied benefits for entire term | Payne received benefits restriction for entire 20 years which exceeded statute | Court corrected sentence: only first two years to be served without benefits; sentence affirmed as amended |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (appointed counsel may move to withdraw after concluding appeal is frivolous)
- McCoy v. Court of Appeals of Wisconsin, Dist. 1, 486 U.S. 429 (requirement to provide record references supporting Anders motion)
- State v. Bradford, 676 So.2d 1108 (La. App. 5 Cir.) (Anders procedure adopted locally)
- State v. Jyles, 704 So.2d 241 (La.) (scope/content expectations for Anders brief in Louisiana)
- Boykin v. Alabama, 395 U.S. 238 (constitutional requirements for taking a guilty plea)
- State v. Sanders, 876 So.2d 42 (La.) (appellate courts may correct illegal sentences under La. C.Cr.P. art. 882)
- State v. Kent, 178 So.3d 219 (La. App. 5 Cir.) (harmless-error approach to Article 556.1 violations)
- State v. Craig, 66 So.3d 60 (La. App. 5 Cir.) (Article 556.1 variances that do not affect substantial rights are harmless)