STATE of Louisiana v. Andrew KELLY . No. 88-KA-465 . Court of Appeal of Louisiana Fifth Circuit . Jan. 18, 1989 . John M. Mamoulides , Dist. Atty., John Messina , and Dorothy A. Pendergast , Asst. Dist. Attys., 24th Judicial District , Parish of Jefferson, Gretna, for plaintiff / appellee . Martha E. Sassone , 24th Judicial District Indigent Defender Bd., Gretna , for defendant / appellant . Before BOWES , GRISBAUM and WICKER , JJ. WICKER , Judge. Andrew Kelly appeals his sentence following guilty pleas to simple burglary, La.R.S. 14:62 , and to the habitual offender law, La.R.S. 15:529.1 . He asks this court to examine the record for errors patent and reverse his conviction and sentence. The state asks us to correct Kelly's sentence to give him credit for time served. We affirm the conviction and amend the sentence. After withdrawing his original not guilty plea to simple burglary, Kelly entered a plea of guilty. The trial judge sentenced him to four years at hard labor. Four days later, the state filed a multiple offender bill , to which Kelly also pleaded guilty. The trial judge resentenced him to four years at hard labor, without benefit of parole, probation, or suspension of sentence. The judge also ordered that this sentence be concurrent with any imposed as a result of Kelly's parole violation. Errors patent, which can be considered on appeal under the provisions of La.C.Cr.P. art. 920 , consist of "error [s] that [are] discoverable by a mere inspection of the pleadings and proceedings and without inspection of the evidence." In reviewing the record, we are to look at the caption, the time and place of holding court , the indictment or information and its endorsement, the arraignment, the defendant 's plea, the bill of particulars, the impaneling of the jury, the minute entry reflecting sequestration in capital cases , the verdict, and the judgment or sentence. State v. Oliveaux , 312 So.2d 337 ( La. 1975 ) ; State v. Rogers , 519 So.2d 246 ( La.App. 5th Cir. 1988 ) . Where there is a guilty plea involved, we also look at whether or not the defendant was properly advised that his guilty plea waives the privilege against self-incrimination, the right to a jury trial, and the right to confront one's accusers, which advice is mandated by Boykin v. Alabama , 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 ( 1969 ) . State v. Godejohn , 425 So.2d 750 ( La. 1983 ) . The only patent errors are in Kelly's sentencing. Since none of the errors involve the trial judge's sentencing discretion, we are empowered to correct them. State v. Fraser , 484 So.2d 122 ( La. 1986 ) . As a second felony offender, Kelly is not eligible for either probation or suspension of sentence since fewer than five years had passed between his first and second convictions. La.C.Cr.P. art. 893 . ... Get this document and AI-powered insights with a free trial of vLex and Vincent AI Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant Access comprehensive legal content with no limitations across vLex's unparalleled global legal database Access comprehensive legal content with no limitations across vLex's unparalleled global legal database Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant Access comprehensive legal content with no limitations across vLex's unparalleled global legal database Access comprehensive legal content with no limitations across vLex's unparalleled global legal database Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant Access comprehensive legal content with no limitations across vLex's unparalleled global legal database Access comprehensive legal content with no limitations across vLex's unparalleled global legal database Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant Access comprehensive legal content with no limitations across vLex's unparalleled global legal database Access comprehensive legal content with no limitations across vLex's unparalleled global legal database Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant Access comprehensive legal content with no limitations across vLex's unparalleled global legal database Access comprehensive legal content with no limitations across vLex's unparalleled global legal database Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant Access comprehensive legal content with no limitations across vLex's unparalleled global legal database Access comprehensive legal content with no limitations across vLex's unparalleled global legal database Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant Access comprehensive legal content with no limitations across vLex's unparalleled global legal database Access comprehensive legal content with no limitations across vLex's unparalleled global legal database Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting State v. Anderson United States Court of Appeal of Louisiana April 17, 1990 ... ... Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). State v. Godejohn, 425 So.2d 750 (La.1983). State v. Kelly , 537 So.2d 811 (La.App. 5 Cir.1989) ... In the present case, the transcript of the plea and sentencing shows that the trial judge conducted a colloquy with the defendant before accepting his guilty plea. The judge explained the nature of the crimes to the defendant and the ... ... Court of Appeal of Louisiana