State v. Kron

983 So. 2d 117, 2008 WL 786855
CourtLouisiana Court of Appeal
DecidedMarch 25, 2008
Docket07-KA-1024
StatusPublished
Cited by19 cases

This text of 983 So. 2d 117 (State v. Kron) 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. Kron, 983 So. 2d 117, 2008 WL 786855 (La. Ct. App. 2008).

Opinion

983 So.2d 117 (2008)

STATE of Louisiana
v.
Jason J. KRON.

No. 07-KA-1024.

Court of Appeal of Louisiana, Fifth Circuit.

March 25, 2008.

*118 Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Thomas J. Butler, Thomas S. Block, Assistant District Attorneys, Twenty-Fourth Judicial District, Gretna, Louisiana, for Plaintiff/Appellee.

Prentice L. White, Louisiana Appellate Project, Baton Rouge, Louisiana, for Defendant/Appellant.

Jason J. Kron, Angie, Louisiana, pro se, In Proper Person.

Panel composed of Judges THOMAS F. DALEY, SUSAN M. CHEHARDY, and FREDERICKA HOMBERG WICKER.

THOMAS F. DALEY, Judge.

The defendant, Jason Kron, has appealed his guilty plea to charges of possession of cocaine. For the reasons that follow, we affirm.

FACTS AND PROCEDURAL HISTORY:

The police report indicates officers were patrolling a high crime area when they observed defendant engage in a hand-to-hand transaction with another individual. The officers approached the subjects at which time defendant attempted to flee. After a brief struggle, he was arrested and a search incidental to the arrest revealed a crack pipe and a push rod. Also, a large piece of crack cocaine was found on the ground where defendant was standing when he attempted to flee. According to the police report, the officers believed defendant *119 dropped the cocaine in an effort to hide it.

Defendant was charged in a Bill of Information on May 13, 2005 with possession of cocaine in violation of LSA-R.S. 40:967(C). He initially pled not guilty; he later withdrew his not guilty plea and pled guilty as charged. Pursuant to the plea agreement, defendant was sentenced to five years.[1]

The State then filed a multiple offender Bill of Information alleging defendant to be a third felony offender based on prior convictions for possession of cocaine and simple burglary.[2] In accordance with the plea agreement, defendant stipulated to his status as a third felony offender and was sentenced to eight years at hard labor without the benefit of probation or suspension of sentence. Approximately one year later, defendant filed a Pro Se Motion to Set Aside His Guilty Plea on the basis it was entered under duress. The trial court found no merit to defendant's claim and denied his motion. Thereafter, defendant filed a Pro Se Application for Post-Conviction Relief seeking to have his plea set aside on the basis it was entered under duress. The trial court denied the application after finding it was successive because the same issue was previously raised and ruled upon in defendant's Motion to Set Aside His Guilty Plea. Defendant filed a Supervisory Writ with this Court seeking review of the trial court's denial of his Application for Post-Conviction Relief. On June 29, 2007, this Court determined defendant's Application for Post-Conviction Relief was premature because he had not exhausted his appeal rights. As such, this Court granted defendant's writ for the limited purpose of allowing defendant the opportunity to reinstate his appeal rights. The trial court subsequently granted defendant out-of-time appeal on August 1, 2007.

LAW AND DISCUSSION:

On appeal, defendant argues the trial court erred in accepting his guilty plea. He contends he was pressured into pleading guilty and, therefore, his plea was not knowing and voluntary. Defendant claims he was reluctant to plead guilty, as evidenced by the plea colloquy transcript, because he did not understand what was going on and was not convinced the plea was in his best interest or that his attorney was protecting his interests. He further asserts he was pressured to plead guilty to offenses that were outside the plea agreement.[3] Defendant filed a Supplemental Pro Se Brief raising the same arguments, claiming his plea was unknowing and involuntary.

Under LSA-C.Cr.P. art. 559(A), the trial court has the discretion to permit a defendant to withdraw his guilty plea at any time prior to sentencing. Once a defendant *120 has been sentenced, only those guilty pleas that are constitutionally infirm may be withdrawn and only by appeal or post-conviction relief. State v. McCoil, 05-658, p. 7 (La.App. 5 Cir. 2/27/06), 924 So.2d 1120, 1124. A guilty plea is constitutionally infirm when it is not entered freely and voluntarily, if the Boykin[4] colloquy was inadequate, or when a defendant is induced to enter the plea by a plea bargain and that bargain is not kept. Id.

Generally, a denial of a Motion to Withdraw a Guilty Plea will not be reversed on appeal if the record clearly shows the defendant was informed of his rights and the consequences of his plea, and that the plea was entered into voluntarily. State v. Stewart, 03-976 (La.App. 5 Cir. 12/30/03), 862 So.2d 1271. A mere change of heart or mind by the defendant as to whether he made a good bargain will not ordinarily support allowing the withdrawal of a bargained guilty plea. State v. Green, 03-410 (La.App. 5 Cir. 10/28/03), 860 So.2d 237, writ denied, 03-3228 (La.3/26/04), 871 So.2d 346. Without fraud, intimidation or incompetence of counsel, a guilty plea is not made less voluntary or informed by the considered advice of counsel. Id.

The record indicates that prior to the commencement of trial, defendant withdrew his not guilty plea and pled guilty to possession of cocaine as charged. The trial court conducted a plea colloquy with defendant advising him of his right to a jury trial, right to confront his accusers, and right against self-incrimination. Defendant indicated he understood his rights and wished to waive them

The trial court also reviewed the sentencing ranges for possession of cocaine, including the maximum enhanced sentence defendant could receive as a multiple offender, and specifically advised defendant he would receive eight years as a third felony offender under the plea agreement. At that time, defendant responded that he was pleading guilty under pressure. The trial court explained the matter could proceed to trial, but noted the State would multiple bill defendant as a fourth felony offender, which would result in a possible sentence of 20 years to life imprisonment. Defendant replied he was "taking the plea," but added he was doing so because he was "under pressure." Defendant never elaborated what type of pressure to which he was referring. The trial judge stated she would not accept the plea if it was under pressure. Defendant then responded, "I accept the plea."

Thereafter, the trial judge specifically advised defendant that no one could force him to plead guilty and asked if anyone had used force, intimidation, coercion or promise of reward for the purpose of forcing him to plead guilty. Defendant replied that the State promised him that he would not be "quad billed." In response to defendant's questions about his sentence, the trial judge again explained his sentence under the plea bargain. The trial judge told defendant he would receive five years and then an eight-year sentence on the triple bill.

The trial court explained to defendant that by pleading guilty he was admitting he committed the charged crime. Defense counsel requested the plea be entered under Alford,[5] but the trial court refused to accept an Alford plea. The trial court asked defendant to give a factual basis for his plea to which defendant stated that according to the police, he possessed crack cocaine. He elaborated by stating, "For *121

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Bluebook (online)
983 So. 2d 117, 2008 WL 786855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-kron-lactapp-2008.