253 So. 3d 1314
La. Ct. App.2018Background
- Rashon K. Smith was charged with possession of a firearm by a convicted felon (amended to attempted possession) and possession of stolen things over $1,500; he pled guilty to both counts pursuant to a plea agreement and received concurrent eight-year sentences.
- Defendant filed a pretrial motion to suppress that was never ruled on; he petitioned for post-conviction relief which the district court construed as a motion for an out-of-time appeal and granted.
- Appellate counsel filed an Anders brief concluding there were no non-frivolous appellate issues and moved to withdraw; the State agreed.
- The court conducted an independent Anders review, confirmed the guilty pleas and Boykin colloquy were proper, found the unruled suppression motion waived by the guilty pleas, and found no other patent errors.
- The court identified one legal error: the eight-year sentence on the attempted firearm-possession count exceeded the statutory maximum at the time of the offense (statute authorized up to 7.5 years), vacated that sentence, and remanded for resentencing; the other count’s sentence was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of Anders brief / counsel withdrawal | Anders compliance; counsel reviewed record and found no non-frivolous issues; withdrawal appropriate | Counsel requests withdrawal; defendant notified and allowed to file pro se brief | Court independently reviewed record; granted withdrawal despite remand because different counsel will handle resentencing |
| Validity of guilty pleas / Boykin colloquy | Pleas were knowledgeable, voluntary, and with full waiver of rights; sentencing terms explained | Defendant filed pro se arguments but did not show Boykin defects or involuntariness | Court found Boykin colloquy and waiver adequate; pleas accepted and most non-jurisdictional claims waived |
| Unruled pretrial motion to suppress | State: motion waived by unqualified guilty pleas; no preserved objection | Defendant preserved concern about suppression in pro se brief | Court held suppression motion was waived by guilty pleas (no contemporaneous objection) |
| Legality of sentence on attempted firearm count | State: sentence imposed per plea agreement; sentences generally not reviewable when conforming to plea | Defendant argued excessive sentence in pro se brief | Court found eight-year sentence exceeded statutory maximum (7.5 years) at time of offense; vacated that sentence and remanded for resentencing |
| Ineffective assistance of counsel (pro se) | Defendant claims counsel failed to consult, investigate, or move to reconsider sentence | Appellate counsel: record insufficient to decide; better raised in post-conviction proceedings | Court declined to address on direct appeal due to inadequate record and relegated claim to post-conviction relief |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (appointed counsel may move to withdraw if appeal is frivolous but must present record points that might support appeal)
- Jyles v. State, 704 So.2d 241 (La. 1997) (Anders brief need not catalog every meritless motion but must show counsel cast an advocate's eye over the record)
- State v. Bradford, 676 So.2d 1108 (La. App. 5 Cir.) (procedure for appellate counsel’s Anders brief in Louisiana)
- Boykin v. Alabama, 395 U.S. 238 (1969) (guilty plea must be voluntary and intelligent; waiver of trial rights must be on record)
- State v. Crosby, 338 So.2d 584 (La.) (unqualified guilty plea waives non-jurisdictional pre-plea defects)