106 So. 3d 1068
La. Ct. App.2012Background
- Appointed appellate counsel filed an Anders brief after defendant pled guilty to two counts in Jefferson Parish, Louisiana.
- Plea colloquy and bill of information identified: (i) felon in possession of a firearm; (ii) possession of 28–199 grams of cocaine; sentences proposed were 12 and 10 years, respectively.
- On December 2, 2009, trial judge sentenced defendant to 12 years on Count 1 and 10 years on Count 2, to run concurrently with other cases.
- Defendant then faced a multiple offender bill; stipulation reduced underlying penalties tied to the enhanced sentence.
- On January 10, 2012, defendant sought post-conviction relief reinstating his right to appeal, which was granted; this appeal followed.
- An independent review under Anders/Jyles confirmed no non-frivolous issues; convictions and sentences were affirmed and appellate counsel was permitted to withdraw.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Anders withdrawal was proper after independent review | State supports withdrawal; no non-frivolous issues | Williams contends no meritorious issues exist | Appropriate: no non-frivolous issues; counsel withdrawn; conviction and sentences affirmed |
| Whether the guilty pleas were knowingly and voluntarily entered given art. 556.1 omissions | Plea valid; Boykin rights waived; informed of penalties | Minimum penalties not advised; potential infirmity | Harmless error for missing minimum penalties; pleas still valid |
| Whether sentences were within the plea agreement and hence not reviewable | Sentences within statutory ranges and per plea agreement; not reviewable | Potential challenge to sentence terms | Within range per plea and enhanced under multiple bill; not subject to review |
| Whether errors patent require remand or correction | Errors patent corrected as needed; no remand for fine | Possible need for correction of commitment and penalties | Remanded for correction of commitment to reflect second felony offender status; otherwise affirmed; errors patent noted |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (basis for withdrawal when no non-frivolous issues exist; must accompany brief)
- State v. Crosby, 338 So.2d 584 (La.1976) (preserves review when pre-plea motions exist; Crosby rules on preserved rulings)
- State v. Williams, 800 So.2d 790 (La.2001) (self-activating restrictions on parole/non-suspension in habitual offender sentences)
- State v. Hart, 66 So.3d 44 (La.App. 5 Cir. 2011) (error patent; remand for commitment correction)