63 So. 3d 412
La. Ct. App.2011Background
- Defendant Marcus Donte Steele was charged by information with forcible rape under La.R.S. 14:42.1.
- Defendant initially pled not guilty on August 11, 2008; later pleaded guilty to one count of forcible rape on December 2, 2009.
- Trial court sentenced Steele to 30 years imprisonment without probation, parole, or suspension on March 19, 2010.
- A Motion to Reconsider Sentence was denied; an appeal was granted and appellate counsel filed an Anders brief.
- The record revealed one patent error: the trial court failed to inform Steele of the correct post-conviction relief prescriptive period (La.Code Crim.P. art. 930.8).
- Anders review found no meritorious issues; convictions and sentences affirmed with instructions; counsel’s motion to withdraw granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether any non-frivolous issues remain on appeal | Steele | Steele | No non-frivolous issues found |
| Whether trial counsel's Anders brief requires independent review | Steele | Steele | Record properly reviewed under Anders; no reversible error found |
| Whether failure to advise on Article 930.8 is reversible error | Steele | Steele | Error patent; remediable on notice but not grounds to reverse here |
| Whether guilty plea was voluntary and properly counseled | State | Steele | Guilty plea found free and voluntary after Boykin compliance; valid |
| Whether sentence compliance and procedural history support affirmation | State | Steele | Convictions and sentence affirmed with instructions; no error requiring reversal |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (appointed counsel may seek withdrawal after a finding of no non-frivolous issues; requires independent review)
- State v. Benjamin, 573 So.2d 528 (La.App. 4 Cir.1990) (outlines Louisiana Anders review procedure and record supplementation)
- Boykin v. Alabama, 395 U.S. 238 (1969) (mandatory awareness of rights and voluntary nature of guilty plea)