State v. Shelby, 263 So. 3d 1218

William J. Shelby was charged (bill of information) with three counts: possession with intent to distribute marijuana (count 1), cocaine (count 2), and methamphetamine (count 3). He pled not guilty, then on August 31, 2017 withdrew those pleas and pled guilty as charged.
The trial court imposed 15-year DOC sentences on each count to run concurrently; the court imposed special restrictions (first two years without benefits) on counts 2 and 3 and the State filed a habitual-offender bill as to count 2; Shelby stipulated to habitual-offender status and was resentenced on count 2 to 15 years as an enhanced sentence.
Shelby later obtained an out-of-time appeal; appointed appellate counsel filed an Anders brief asserting no non-frivolous issues and requested permission to withdraw.
The court conducted an independent Anders review of the record, including the plea and habitual-offender colloquies, and found the pleas and the habitual-offender stipulation were knowing and voluntary and that the sentences were imposed in conformity with the plea agreement.
The court affirmed convictions, the habitual-offender stipulation, sentence on count 1, and enhanced sentence on count 2; it granted counsel’s motion to withdraw.
The court identified an errors-patent sentencing issue: La. R.S. 40:967(B)(1) (the methamphetamine statute) does not authorize imposing a restriction on benefits; the court amended count 3 to delete the unauthorized restriction and remanded to correct the commitment/UCO.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether appointed counsel may withdraw under Anders	Counsel: record shows no non-frivolous appealable issues; withdrawal appropriate	Shelby: sought out-of-time appeal but no substantive challenge identified	Court granted counsel’s motion to withdraw after independent review
Validity of guilty pleas (Boykin rights & waiver)	State: plea colloquy and waiver form show knowing, voluntary pleas and advice of agreed sentence	Shelby: no claim of coercion; no pro se brief raising defects	Court found pleas were knowing and voluntary; no reversible defect
Validity of habitual-offender stipulation	State: colloquy and waiver show defendant understood rights and consequences; stipulation bars sufficiency challenge	Shelby: no challenge to voluntariness	Court found stipulation valid and barred sufficiency challenge on appeal
Sentencing error re: restriction on benefits for count 3	State: sentence imposed in conformity with plea but statutory scheme does not authorize restriction on benefits for methamphetamine count	Shelby: no argument contesting the statutory scope; appellate court reviewed sentencing statute	Court amended sentence on count 3 to remove unauthorized restriction and remanded to correct commitment/UCO

Anders v. California, 386 U.S. 738 (U.S. 1967) (procedural rules for court review when appellate counsel seeks to withdraw)
Boykin v. Alabama, 395 U.S. 238 (U.S. 1969) (requirements for knowing and voluntary guilty pleas)
Bradford v. State, 676 So.2d 1108 (La. App. 5 Cir. 1996) (adopted local Anders procedure and independent appellate review)
Jyles v. State, 704 So.2d 241 (La. 1997) (Anders-related Louisiana authority cited by the court)
Sanders v. State, 876 So.2d 42 (La. 2004) (courts may correct sentences that impose restrictions beyond statutory authority under La. C.Cr.P. art. 882)
Oliveaux v. State, 312 So.2d 337 (La. 1975) (errors-patent review mandate)