State v. England

268 So. 3d 1178
CourtLouisiana Court of Appeal
DecidedApril 3, 2019
DocketNO. 18-KA-623
StatusPublished

This text of 268 So. 3d 1178 (State v. England) 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. England, 268 So. 3d 1178 (La. Ct. App. 2019).

Opinion

CHEHARDY, C.J.

In this appeal appointed counsel for defendant challenges the trial court's acceptance of defendant's guilty pleas without further inquiry following defendant's initial reservation to pleading guilty to the charges filed against him. Further, defendant has filed a pro se supplemental brief arguing the ineffectiveness of his trial counsel resulting in his being forced to plead guilty. For the following reasons, we affirm defendant's convictions and sentences, and remand the matter for correction of the Uniform Commitment Orders.

Factual Background and Procedural History

In this case, defendant's convictions resulted from guilty pleas so the facts surrounding the offenses were gleaned from the bill of information. Here, the record reflects that, on or about July 19, 2017, defendant knowingly or intentionally possessed heroin with the intent to distribute in violation of La. R.S. 40:966(A), and *1182knowingly or intentionally possessed fentanyl with the intent to distribute in violation of La. R.S. 40:967(A).

On August 29, 2017, the Jefferson Parish District Attorney filed a bill of information charging defendant, Terry England, with one count of possession with intent to distribute heroin in violation of La. R.S. 40:966(A) (count 1), and one count of possession with the intent to distribute fentanyl in violation of La. R.S. 40:967(A) (count 2). At his arraignment held on September 1, 2017, defendant pled not guilty.

Omnibus motions, which included motions to suppress evidence and a confession, were filed by defendant. The trial court heard and denied the motions to suppress on November 9, 2017.1

On December 5, 2017, defendant withdrew his not guilty pleas and, after executing a waiver of constitutional rights form, which was signed by defendant, defense counsel, and the trial judge, entered pleas of guilty as charged on both counts. After the trial court accepted the pleas, defendant was sentenced in accordance with the plea agreement. Specifically, the trial court sentenced defendant to fifteen years imprisonment at hard labor on count 1, with the first ten years to be served without benefit of probation, parole, or suspension of sentence. As to count 2, defendant was sentenced to ten years imprisonment at hard labor. The trial court also ordered the sentences to run concurrently with each other with defendant receiving credit for time served. The trial court assessed fees for defendant to pay to the Indigent Defender Board, the Jefferson Parish Sheriff's Office, and the Jefferson Parish Sheriff's Office crime lab. Additionally, the trial court recommended defendant for participation in any and all self-help programs available to him during his incarceration.

On May 3, 2018, defendant filed an application for post-conviction relief, asserting ineffective assistance of his trial counsel. On May 7, 2018, the trial court dismissed defendant's application without prejudice and granted him an out-of-time appeal. This appeal follows.

Law and Argument

On appeal, defendant assigns one counseled assignment of error and one pro se assignment of error. In his counseled assignment of error, defendant argues the trial court erred in accepting his guilty pleas without further inquiry after he professed his innocence during the plea colloquy. Additionally, defendant argues the record does not demonstrate that his guilty pleas were knowingly and voluntary entered based on assertions he made "in his application for post-conviction relief and in subsequent correspondence that his guilty plea was not a voluntary one." Defendant contends the trial court should have inquired further into the voluntariness of his pleas and, at the very least, asked defendant whether his "decision to plead guilty was in recognition that it was in his best interest to do so considering the evidence against him" in accordance with North Carolina v. Alford , 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970).2 Defendant does not move to have *1183this Court set aside his guilty pleas; instead, defendant requests that the matter be remanded for "further inquiry."

The State argues that although defendant initially denied possession of the narcotics during the plea colloquy, defendant subsequently acknowledged his guilt and voluntarily continued with the guilty plea proceeding. Moreover, the State argues that since defendant acknowledged to the court that he had, in fact, committed the crimes to which he was pleading guilty, there was no need for the trial court to inquire further as to the voluntariness of defendant's guilty pleas. We agree.

Under both state and federal jurisprudence, it is well settled that an unqualified plea of guilty waives all non-jurisdictional defects in the proceedings leading up to the guilty plea. State v. Crosby , 338 So.2d 584, 588 (La. 1976) ; State v. Gumms , 17-566 (La. App. 5 Cir. 3/14/18), 243 So.3d 725, 730. Moreover, such a plea waives any right a defendant had to question the merits of the State's case and the factual basis underlying the conviction. State v. Hayes , 15-141 (La. App. 5 Cir. 8/25/15), 173 So.3d 1222, 1224, writ denied , 15-1789 (La. 9/23/16), 200 So.3d 364. A guilty plea is not considered valid unless it is freely and voluntarily made. State v. Payton , 04-1024 (La. App. 5 Cir. 1/11/05), 894 So.2d 362, 365. Under Boykin v. Alabama , 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), the decision to plead guilty will not be considered voluntary unless, at the very least, the defendant has been advised of his constitutional rights against self-incrimination, to a trial by jury, and to confront his accusers. State v. Shelton , 09-713 (La. App. 5 Cir. 3/9/10), 39 So.3d 601, 602, writ denied , 10-839 (La. 11/5/10),

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Related

Boykin v. Alabama
395 U.S. 238 (Supreme Court, 1969)
North Carolina v. Alford
400 U.S. 25 (Supreme Court, 1970)
Strickland v. Washington
466 U.S. 668 (Supreme Court, 1984)
State v. Crosby
338 So. 2d 584 (Supreme Court of Louisiana, 1976)
State v. Taylor
887 So. 2d 589 (Louisiana Court of Appeal, 2004)
State v. Weiland
556 So. 2d 175 (Louisiana Court of Appeal, 1990)
State v. Hartshorn
25 So. 3d 172 (Louisiana Court of Appeal, 2009)
State v. Williams
384 So. 2d 779 (Supreme Court of Louisiana, 1980)
State v. Strain
585 So. 2d 540 (Supreme Court of Louisiana, 1991)
State v. Filer
762 So. 2d 1080 (Supreme Court of Louisiana, 2000)
State v. Lynch
441 So. 2d 732 (Supreme Court of Louisiana, 1983)
State v. Ursin
720 So. 2d 1248 (Louisiana Court of Appeal, 1998)
State v. Oliveaux
312 So. 2d 337 (Supreme Court of Louisiana, 1975)
State v. McCoil
924 So. 2d 1120 (Louisiana Court of Appeal, 2006)
State v. Autin
40 So. 3d 193 (Louisiana Court of Appeal, 2010)
State v. Shelton
39 So. 3d 601 (Louisiana Court of Appeal, 2010)
State v. Long
106 So. 3d 1136 (Louisiana Court of Appeal, 2012)
State v. Lyons
134 So. 3d 36 (Louisiana Court of Appeal, 2014)
State v. Gayden
168 So. 3d 766 (Louisiana Court of Appeal, 2015)
State v. Hayes
173 So. 3d 1222 (Louisiana Court of Appeal, 2015)

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Bluebook (online)
268 So. 3d 1178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-england-lactapp-2019.