State v. LeBlanc
This text of 937 So. 2d 844 (State v. LeBlanc) 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.
Opinion
STATE of Louisiana
v.
Freddie LeBLANC.
Supreme Court of Louisiana.
PER CURIAM.
Writ granted. The judgment of the trial court vacating relator's guilty plea is reversed and his conviction and sentence are reinstated. Relator's filing below, properly considered as an application for post-conviction relief, see State v. Tran, 00-2471 (La.6/1/01), 793 So.2d 193, was untimely and should not have been considered on the merits by the trial court. La. C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330, pp. 21-22 (La.9/5/95), 660 So.2d 1189, 1201-02. Moreover, relator's unsubstantiated allegations of ineffective assistance of counsel, in the face of plea negotiations which resulted in the reduction of the charge from second degree murder to manslaughter and a 20-year recommended sentence, do not carry his burden of showing that he pled guilty involuntarily. La.C.Cr.P. art. 930.2. Instead, the circumstances in the record reflect a knowing and voluntary waiver of relator's rights and compliance with the constitutional requirements of Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969).
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937 So. 2d 844, 2006 WL 2692593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-leblanc-la-2006.