State v. Cassels

662 So. 2d 861, 1995 WL 638209
CourtLouisiana Court of Appeal
DecidedNovember 1, 1995
DocketNos. 27,227-KA, 27,258-KA
StatusPublished
Cited by3 cases

This text of 662 So. 2d 861 (State v. Cassels) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Cassels, 662 So. 2d 861, 1995 WL 638209 (La. Ct. App. 1995).

Opinion

| iCLARK, Judge Pro Tern.

The grand jury of Franklin Parish indicted Shannon Cassels, age 17, and Michael McDaniel, age 16, for the first degree murder of Eddie Hendry.1 Pursuant to a plea agreement, both pled guilty to second degree murder. The trial judge sentenced each to the mandatory sentence of life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. Both defendants appeal their convictions, each contending that the trial court’s failure to inform them of the mandatory nature of the penalty for second degree murder rendered their guilty pleas invalid. In addition, MeDaniel argues that the trial court erred in denying his motion to withdraw his guilty plea and that he received ineffective assistance of counsel prior to and at the time of his guilty plea. We remand to the trial court for a hearing to determine whether each defen[862]*862dant’s guilty plea was voluntarily and intelligently entered.2

FACTS

The following facts were adduced from the confessions given by the defendants and from the Franklin Parish Sheriffs Department investigation report:

On the evening of of January 2, 1994, Cassels and McDaniel were at the home of McDaniel’s mother and stepfather. McDaniel fought with his stepfather, who then ordered both of the young men to leave the house. |2Before departing, they stole a .22 pistol, a .30-30 rifle, a .30-06 rifle, and ammunition from McDaniel’s stepfather.

Cassels and McDaniel decided to leave town and began walking to the home of the victim, Eddie Hendry. While en route to Hendry’s home, Cassels and McDaniel discussed shooting Hendry and stealing his truck. They arrived at Hendry’s home, and he agreed to give them a ride to a local store.

As they were driving, McDaniel asked Hendry to pull over because he needed to go to the bathroom. McDaniel got out of the truck, walked to the back, and returned. He told Hendry that the truck had a flat tire. Hendry exited the truck and walked to the back with McDaniel to cheek the tire. While at the rear of the truck, McDaniel shot Hen-dry approximately five times. He then got into the driver’s side of the truck where Cassels was waiting.

The two men drove down the road, turned around, and returned to where they had left Hendry’s body. Cassels and McDaniel picked up Hendry’s body and moved it to a ditch. As they moved the body, Hendry began moaning. Cassels then got the .22 pistol and shot him approximately two or three more times. The two men left town and drove to Hot Springs, Arkansas, where they hid during the next day. They then drove to Memphis, Tennessee.

On January 4, Hendry’s employer reported him missing to the Franklin Parish Sheriffs Department. Through subsequent investigation, the sheriffs department learned that Cassels and McDaniel had driven to Memphis in Hendry’s truck. Memphis law enforcement officials later located Hendry’s Igabandoned truck in a remote area. On January 5, Franklin Parish authorities discovered Hendry’s body.

After being picked up by the Memphis authorities, Cassels and McDaniel were returned to Louisiana. The Franklin Parish authorities advised each of them of their Miranda rights, and both gave statements admitting their involvement in Hendry’s death.

DISCUSSION

Assignment No. 1 — Guilty plea

Pursuant to a plea bargain, each defendant pled guilty to second degree murder. Both complain that the trial judge failed to inform them that the minimum sentence for second degree murder was mandatory life imprisonment without benefit of parole, probation, or suspension of sentence. Accordingly, defendants contend they entered constitutionally deficient guilty pleas.

At Shannon Cassels’ guilty plea hearing, the following exchange took place between the trial judge and defendant:

Q: Mr. Boothe, summarize the charge and give me the maximum fine and penalty, please.
MR. BOOTHE (ASSISTANT DISTRICT ATTORNEY):
He’s charged with the second degree murder on January 2nd of Eddie Hendry here in Franklin Parish. The penalty is life in prison without benefit of probation, parole, or suspension of sentence.
Q: Give me a factual basis, Mr. Boothe.
MR. BOOTHE:
Mr. Hendry was found dead on the, January the 5th on the Dummy Line Road in Franklin Parish. The cause of death was numerous gun shot wounds to the head, killed with a twenty-two calibre [sic] automatic pistol.
[863]*863|4Q: Do you fully understand the charge, Mr. Cassels?
A: Yes sir.
Q: Is that the charge you desire to plead guilty to?
A: Yes sir.
Q: Do you understand if you plead guilty it will be the duty of the Court to adjudge you guilty and the maximum sentence which the Court might impose would be imprisonment for the rest of your life with no possibility of parole, probation, or suspension of sentence?
A: Yes sir. [Emphasis added.]

A similar exchange took place between the trial judge and defendant Michael McDaniel:

Q: Do you understand if you plead guilty it will be the duty of the Court to adjudge you guilty and the maximum sentence which the Court might impose would be imprisonment for life without any possibility of parole, probation, or suspension of sentence?
A: Yes sir. [Emphasis added.]

The entry of a guilty plea must be a free and voluntary choice on the part of the defendant. State v. Garth, 622 So.2d 1189 (La.App.2d Cir.1993); State v. Smith, 513 So.2d 544 (La.App.2d Cir.1987). A valid guilty plea requires a showing that the defendant was informed of and waived his constitutional rights of trial by jury and confrontation and the right against compulsory self-incrimination. Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969); State ex rel. Jackson v. Henderson, 260 La. 90, 255 So.2d 85 (1971); State v. Monroe, 25,825 (La.App.2d Cir. 03/30/94), 635 So.2d 481. Further, for a guilty plea to be considered voluntarily and knowingly entered, the trial court should apprise the defendant of the possible sentence ranges for the offense to which he pled guilty. State v. Garth, supra; State v. Smith, supra.

This court was presented with a similar situation as that of the instant ease in State v. Smith, supra. In the Smith case, this court held that the trial kludge’s failure to inform the defendant that the mandatory sentence for aggravated rape was life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence rendered his guilty plea invalid. As in the case at bar, the trial judge in the Smith case informed the defendant that “the maximum sentence which the Court might impose will be imprisonment for life on the charge of aggravated rape....” State v. Smith, 513 So.2d at 549 (emphasis added).

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Bluebook (online)
662 So. 2d 861, 1995 WL 638209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cassels-lactapp-1995.