State v. Lanieux

42 So. 3d 979, 9 La.App. 5 Cir. 676, 2010 La. App. LEXIS 309, 2010 WL 3705904
Louisiana Court of Appeal·Decided March 9, 2010·No. 09-KA-676·Published·Cited by 4 cases

Opinion

MARION F. EDWARDS, Judge.

12Pefendant/appellant, Markus Lanieux (“Lanieux”), was convicted of aggravated flight from an officer in violation of LSA-R.S. 14:108.1(C). That conviction is the subject of a companion appeal. 1 The present appeal involves Lanieux’s adjudication as a third felony offender. Lanieux argues that the State offered insufficient proof that his previous convictions could be used for enhancement purposes. Specifically, he asserts that the State did not prove that he was advised of the mandatory minimum and maximum penalties for his previous convictions before the courts accepted his guilty pleas, nor was there any evidence that he was advised of the nature of the charges or the elements necessary for the convictions as mandated by La. C.Cr.P. art. 556.1.

At the multiple bill hearing on July 10, 2009, Chad Pitfield, a latent fingerprint expert, testified that he compared Lan-ieux’s fingerprints from State’s Exhibit 1 (the fingerprint card obtained from Lan-ieux that day) to the fingerprints from State’s Exhibit 2 (documents from case number 387-782, which included the bill of information, the guilty plea form, and the docket master). Mr. Pitfield testified that the fingerprints contained in State’s Exhibit 2 lacked sufficient quality pfor comparison. Therefore, Mr. Pitfield compared *982 Lanieux’s fingerprints from State’s Exhibit 1 to the fingerprints from State’s Exhibit 3 (the arrest register from the New Orleans Criminal Sheriff, case number 387-782) and determined that they matched. Mr. Pitfield also compared Lanieux’s fingerprints from State’s Exhibit 1 to the fingerprints from State’s Exhibit 4 (documents from case number 97-4179, which included the bill of information, the guilty plea form, and a minute entry dated July 21, 1997), and he determined that they matched.

After Mr. Pitfield concluded his testimony, the prosecutor argued that he had proven beyond a reasonable doubt that Lanieux’s fingerprints in State’s Exhibit 1 matched those contained in the documents of his two prior convictions. He noted that the documents from State’s Exhibit 2 were heavily damaged by Hurricane Katrina, so the fingerprints in State’s Exhibit 1 were compared to an Orleans Parish arrest register, State’s Exhibit 3. The prosecutor informed the trial judge that the arrest register was not from the arrest in case number 387-782, but it was from a July 24, 1997 arrest on a “capias notification” in that case. The prosecutor argued that both State’s Exhibits 2 and 4 contained Boykin 2 forms that met the requirements of Boykin and Shelton. 3

In asking the court to discount the Orleans Parish offense, defense counsel responded that State’s Exhibit 2 was illegible. He argued that the fact Lanieux was arrested on a “capias” out of Orleans Parish did not suffice to prove that he was properly Boykinized. Counsel also argued that there was insufficient evidence to show that Lanieux was advised of the consequences that he could be multiple billed in the future or of the sentencing range, noting there was no transcript, and urging that the general minute entry did not suffice to show that Lanieux was adequately Boykinized as to the other rights.

14As to State’s Exhibit 4, defense counsel argued that, again, there was no transcript to show that Lanieux was properly Boyk-inized, but only a general minute entry. He contended that a defendant must be advised during a colloquy that the conviction could be used to enhance a future sentence and of the sentencing range.

The trial judge found that, considering the weight and the totality of the evidence, Lanieux was the same individual as the defendant in State’s Exhibits 2, 3, and 4, and determined him to be a third felony offender. The trial judge stated that the docket master in case number 387-782 in State’s Exhibit 2 showed that Lanieux was arrested on July 24, 1997, which was the same date of arrest on the arrest register in State’s Exhibit 3, and that contained case number 387-782. He indicated that he had examined the guilty plea form (in State’s Exhibit 2) and found it to contain all of the core rights under the progeny of Shelton, and that it was a valid Boykin. The court also found that, in case number 97-4179 (State’s Exhibit 4), Lanieux was represented by counsel, the plea was accepted as knowing, intelligent, free, and it was voluntarily made and contained all of the core rights under Shelton and its progeny.

To prove a defendant is a habitual offender, the State must initially prove the prior felony convictions and that defendant is the same person who was convicted of the prior felonies. 4 The latter *983 can be established by expert testimony matching the accused’s fingerprints with those in the record from the prior proceedings. 5 When the State relies on a prior conviction that is based on a guilty plea in proving defendant’s multiple offender status and defendant denies the multiple bill’s | ¡^allegations, the State bears the burden of proving the existence of the prior guilty plea and that the defendant was represented by counsel when it was taken. 6

After the State meets this burden, the defendant must produce affirmative evidence of an infringement of his rights or of a procedural irregularity. If defendant meets this burden, the burden shifts back to the State to prove the constitutionality of the plea, that is, that the plea was knowing and voluntary. 7 This final burden can be met if the State produces a “perfect transcript” articulating the Boy-kin colloquy between the defendant and the trial judge or any combination of a guilty plea form, a minute entry, or an “imperfect” transcript. 8 If anything less than a “perfect” transcript is presented, the trial court must weigh the evidence submitted by the defendant and the State to determine whether the State met its burden of proof that defendant’s prior guilty plea was informed and voluntary and made with an articulated waiver of the three Boykin rights. 9

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

State v. Lanieux, 42 So. 3d 979, 9 La.App. 5 Cir. 676, 2010 La. App. LEXIS 309, 2010 WL 3705904 (La. Ct. App. 2010).

42 So. 3d 979 (State v. Lanieux) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Baskin
129 So. 3d 614 (Louisiana Court of Appeal, 2013)
State v. Payne
59 So. 3d 1287 (Louisiana Court of Appeal, 2011)
Cyprian v. P & O PORTS NORTH AMERICA, INC.
42 So. 3d 979 (Supreme Court of Louisiana, 2010)
State v. Lanieux
39 So. 3d 606 (Louisiana Court of Appeal, 2010)