State v. Jackson

Louisiana Court of Appeal

State v. Jackson

470 So. 2d 290, 1985 La. App. LEXIS 8863

CourtLouisiana Court of Appeal

DecidedMay 13, 1985

DocketNo. 84-KA-591

StatusPublished

This text of 470 So. 2d 290 (State v. Jackson) 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. Jackson, 470 So. 2d 290, 1985 La. App. LEXIS 8863 (La. Ct. App. 1985).

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Opinion

BOWES, Judge.

The defendant, Willie P. Jackson, was charged, on October 6, 1983, with a violation of LSA R.S. 14:62 — simple burglary of a motor vehicle. On April 3, 1984, the bill was amended to reflect a violation of R.S. 14:67 — theft of less than one hundred dollars. Trial was scheduled for April 30, 1984, and, on that date, the defendant withdrew his former plea of not guilty and entered a plea of guilty as charged. Jackson was then Boykinized, waived all delays in sentencing, and sentenced to six months in the Jefferson Parish Correctional Center, that sentence to run consecutive with any other time he was serving.

Upon this appeal, the defense urges us to examine the record for any error patent on its face. Our examination of the record reveals that Jackson signed a “Waiver of Appeal” on April 30, 1984. That waiver is part of a multipurpose form used by Jackson’s attorney. The form is labeled “Motion to Withdraw and Motion for or Waiver [291]*291of Appeal.” It appears that in the signing of the required forms, following the defendant’s plea, the trial judge signed the “order granting an appeal” portion of defense’s multipurpose form in error. However, since we do not know this for a fact, we have reviewed the record for patent error(s). Having found no such error(s), the conviction and sentence of the defendant are affirmed.

AFFIRMED.

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BOWES, Judge.

The defendant, Willie P. Jackson, was charged, on October 6, 1983, with a violation of LSA R.S. 14:62 — simple burglary of a motor vehicle. On April 3, 1984, the bill was amended to reflect a violation of R.S. 14:67 — theft of less than one hundred dollars. Trial was scheduled for April 30, 1984, and, on that date, the defendant withdrew his former plea of not guilty and entered a plea of guilty as charged. Jackson was then Boykinized, waived all delays in sentencing, and sentenced to six months in the Jefferson Parish Correctional Center, that sentence to run consecutive with any other time he was serving.

Upon this appeal, the defense urges us to examine the record for any error patent on its face. Our examination of the record reveals that Jackson signed a “Waiver of Appeal” on April 30, 1984. That waiver is part of a multipurpose form used by Jackson’s attorney. The form is labeled “Motion to Withdraw and Motion for or Waiver [291]*291of Appeal.” It appears that in the signing of the required forms, following the defendant’s plea, the trial judge signed the “order granting an appeal” portion of defense’s multipurpose form in error. However, since we do not know this for a fact, we have reviewed the record for patent error(s). Having found no such error(s), the conviction and sentence of the defendant are affirmed.

AFFIRMED.

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Bluebook (online)

470 So. 2d 290, 1985 La. App. LEXIS 8863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jackson-lactapp-1985.