State v. Jones

691 So. 2d 858, 1997 WL 175117
CourtLouisiana Court of Appeal
DecidedApril 2, 1997
Docket28929-KA, 28930-KA
StatusPublished
Cited by17 cases

This text of 691 So. 2d 858 (State v. Jones) 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. Jones, 691 So. 2d 858, 1997 WL 175117 (La. Ct. App. 1997).

Opinion

691 So.2d 858 (1997)

STATE of Louisiana, Appellee,
v.
Calvin R. JONES, Appellant.

Nos. 28929-KA, 28930-KA.

Court of Appeal of Louisiana, Second Circuit.

April 2, 1997.

Indigent Defender Board by Ford E. Stinson, Jr., for Appellant.

Richard Ieyoub, Attorney General, James M. Bullers, District Attorney, Whitley R. Graves, Assistant District Attorney, for Appellee.

Before HIGHTOWER, WILLIAMS and STEWART, JJ.

STEWART, Judge.

We consolidated these appeals on our own motion in the interest of judicial economy. The state initially charged defendant in one bill of information with seven counts of armed robbery and one count of attempted armed robbery. The trial court severed the counts and directed the filing of four bills. In our docket No. 28,930, defendant went to trial on two counts of armed robbery and one count of attempted armed robbery. A jury found him guilty as charged. La.R.S. 14:64 and 14:27. The trial court imposed sentences of 50 years at hard labor without benefit of probation, parole, or suspension of sentence for each of the completed offenses and ordered them served concurrently. For the attempted armed robbery, the trial court imposed a 25-year hard labor sentence and directed that it be served without benefit and consecutively to the other sentences for a total of 75 years. In docket No. 28,929, *859 defendant pled guilty to one of the remaining armed robbery counts in exchange for the state's agreement to dismiss four other counts of armed robbery and not to file a multiple offender bill. On that offense, the trial court imposed a sentence of 50 years at hard labor without benefit, ordered that it be served consecutively to the other sentences for a total of 125 years, and denied a timely motion for reconsideration. Defendant urges his sentences are excessive.[1]

For the following reasons, we affirm the guilty plea and sentence in docket No. 28,929 and the convictions and sentence in docket No. 28,930.

FACTS

The record shows that during the period July 19 to July 30, 1994, defendant committed armed robberies at Circle K stores, Texaco stations, and Total stations in Bossier City. Defendant robbed several of the businesses on more than one occasion. On August 7,1994, the police arrested him when he was seen placing a pistol in his waistband outside a store that he had robbed twice before. He had positioned his car behind the store with the keys in the ignition and the door partially open to allow a quick escape.

DISCUSSION

Failure to advise defendant of his fundamental rights or make an inquiry as to his understanding of those rights and to inform defendant that by pleading guilty he waives those rights is error patent. State v. Godejohn, 425 So.2d 750 (La.1983). Although defendant has not assigned as error a deficiency in his guilty plea colloquy, the reviewing court is bound to recognize such deficiency as error patent.

For a guilty plea to be found valid, Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), requires a knowing and intelligent waiver of three constitutionally guaranteed fundamental rights: 1) the privilege against compulsory self-incrimination, 2) the right to trial by jury, and 3) the right to confront one's accusers. Since that United States Supreme Court decision, Louisiana courts have followed Boykin and have elaborated on the holding in Boykin to include additional elements which must be considered in determining whether a defendant has knowingly and intelligently waived his constitutional rights and entered a voluntary guilty plea.

In State ex. rel. Jackson v. Henderson, 255 So.2d 85, 260 La. 90 (La.1971), the court held that Boykin required, in taking a guilty plea, an express and knowing waiver of the three basic federal constitutional rights and an understanding of the elements of the offenses with which defendant is charged.

In State v. Washington, 406 So.2d 191 (La.1981), the court noted that the United States Supreme Court in Boykin advised, although not expressly required, that the trial court conduct an on-the-record examination of the defendant which should include an attempt to satisfy itself that the defendant understands, among other things, the nature of the charge against him and the permissible range of sentences for the charge.

In State ex rel. LaFleur v. Donnelly, 416 So.2d 82 (La.1982), the court held that, in addition to an explanation of the rights a defendant is waiving by pleading guilty and of the elements of the offenses with which he is charged, it is much more important that the defendant understand the maximum penalty exposure.

This circuit has followed Boykin and adopted the rationale of LaFleur in a number of cases beginning with State v. Smith, 513 So.2d 544 (La.App. 2 Cir.1987), wherein this court held that the entry of a knowing and intelligent guilty plea involves more than an understanding and a waiver of the three basic rights and that the court must consider not only the colloquy concerning the waiver of rights but also other factors which may influence defendant's decision to plead guilty. The court stated that in order to make a knowing and intelligent decision to plead guilty the defendant must be apprised of the possible range of sentences for the offense to *860 which he pleads guilty. Therefore, the defendant must be informed of the maximum penalty exposure in order to enter a knowing and intelligent guilty plea. Further, knowledge of ineligibility for parole, probation or suspension of sentence is an important factor in deciding to enter a knowing and intelligent guilty plea.

In State v. Young, 535 So.2d 1150 (La.App. 2 Cir.1988), this court held that the trial court must first determine that the defendant has a full understanding of what the plea connotes and its consequences, specifically that the defendant understands the nature of the charges, his Boykin rights, the acts sufficient to constitute the offenses for which he is charged and the range of possible sentences before accepting defendant's guilty plea.

In State v. Williams, 554 So.2d 139 (La. App. 2 Cir.1989), this court held that the guilty plea colloquy was patently deficient where the court failed to adequately inform defendant of the maximum sentence which could be imposed.

In State v. Mitchell, 561 So.2d 819 (La. App. 2 Cir.1990), this court held that failure of the record affirmatively showing that defendant was advised of the range of penalties for the offense to which he pled was error patent because the reviewing court could not determine that the plea was knowingly and intelligently made and, thus, voluntary.

In State v. Hall, 616 So.2d 290 (La.App. 2 Cir.1993), this court held that failure to advise defendant of the maximum sentence of the crime to which he pleads is error patent and that failure to advise defendant that the sentence is imposable without benefit of parole is also error patent.

In State v. Carter, 619 So.2d 82 (La.App. 2 Cir.1993), this court, citing numerous state and federal cases wherein the courts held that ineligibility for parole is a consequence of a guilty plea of which a defendant must be apprised before there can be a finding that the plea was voluntarily and knowingly entered, found the guilty plea to be invalid due to the trial court's failure to inform defendant that he was ineligible for parole. See State v. Henderson, 520 So.2d 1028 (La.App. 3 Cir.1987); Harris v. United States,

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Bluebook (online)
691 So. 2d 858, 1997 WL 175117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jones-lactapp-1997.