State v. Morris

¶1Alvin Morris was convicted of theft and sentenced to 18 months in parish prison, suspended, and placed on active probation for 18 months.

¶2On appeal, Morris’ counsel filed an An-ders 1 brief stating that he has not found anything to support a successful appeal. We affirm Morris’ conviction and sentence.

¶3We have examined this record carefully. Morris received a fair trial and received probation instead of a jail sentence. There are two errors patent. The trial judge, when sentencing Morris, did not give him credit for time served. Also, Morris was not advised of the three-year time limit for filing for post-conviction relief.

¶4The fact that Morris was not given credit for time served will only become relevant should his probation be revoked; accordingly, we will not comment further on this except to note the error.

¶5We do believe however, that Morris should be advised of LSA-C.Cr.P. art. 930.8C. We remand for this purpose and for the trial judge to place written proof in the record that Morris received such notice. The three-year period for filing for post-conviction relief shall not be extended in event Morris cannot be located.

¶6AFFIRMED; REMANDED WITH INSTRUCTIONS