State v. Johnston

251 So. 3d 400
CourtSupreme Court of Louisiana
DecidedAugust 31, 2018
DocketNo. 2018-KK-0604
StatusPublished

This text of 251 So. 3d 400 (State v. Johnston) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Johnston, 251 So. 3d 400 (La. 2018).

Opinion

PER CURIAM:

Writ granted. A defendant's receipt of misinformation as to his sentencing exposure may impede, if not foreclose, his ability to make a voluntary and intelligent choice among alternatives. See North Carolina v. Alford , 400 U.S. 25, 31, 91 S.Ct. 160, 164, 27 L.Ed.2d 162 (1970) ; State ex rel. LaFleur v. Donnelly , 416 So.2d 82, 84 (La. 1982) (though it is critical that a defendant pleading guilty understand his Boykin rights, "it is probably much more important to the defendant's decision (about whether to plead guilty) that he understand the maximum penalty exposure."). This court previously remanded to the district court to determine in an evidentiary hearing whether defendant was advised that under the holding of Graham v. Florida , 560 U.S. 48, 65, 130 S.Ct. 2011, 2024, 176 L.Ed.2d 825 (2010), as effectuated in La. R.S. 15:574.4(D) at the time defendant pleaded guilty in 2014, if defendant had pleaded guilty as charged to aggravated rape, he could have been eligible for parole after serving 30 years of a life sentence. State v. Johnston , 16-1460 (La. 6/5/17), 221 So.3d 46 (per curiam). After remand, it is clear that defendant was misinformed of his sentencing exposure, i.e. he was told that he faced a sentence of life imprisonment without parole eligibility. We find that misinformation impeded his ability to make a voluntary and intelligent choice among the alternatives. Therefore, we grant the application to remand to the district court with instructions that defendant be given the opportunity to withdraw his guilty plea.

REMANDED

GENOVESE, J., would deny.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

North Carolina v. Alford
400 U.S. 25 (Supreme Court, 1970)
State Ex Rel. LaFleur v. Donnelly
416 So. 2d 82 (Supreme Court of Louisiana, 1982)
State v. Johnston
221 So. 3d 46 (Supreme Court of Louisiana, 2017)
Graham v. Florida
176 L. Ed. 2d 825 (Supreme Court, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
251 So. 3d 400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-johnston-la-2018.