State v. Martin

839 So. 2d 256, 2003 WL 183001
CourtLouisiana Court of Appeal
DecidedJanuary 28, 2003
Docket02-KA-897
StatusPublished
Cited by1 cases

This text of 839 So. 2d 256 (State v. Martin) 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. Martin, 839 So. 2d 256, 2003 WL 183001 (La. Ct. App. 2003).

Opinion

839 So.2d 256 (2003)

STATE of Louisiana
v.
Rodney A. MARTIN.

No. 02-KA-897.

Court of Appeal of Louisiana, Fifth Circuit.

January 28, 2003.

*257 Paul D. Connick, Jr., District Attorney, Terry Boudreaux, Assistant District Attorney, Gretna, LA, for The State of Louisiana, Plaintiff/Appellee.

Gwendolyn K. Brown, Baton Rouge, LA, for Rodney A. Martin, Defendant/Appellant.

Panel composed of Judges EDWARD A. DUFRESNE, JR., MARION F. EDWARDS and WALTER J. ROTHSCHILD.

WALTER J. ROTHSCHILD, Judge.

On August 23, 2000, the Jefferson Parish District Attorney filed a bill of information charging defendant, Rodney A. Martin, with Count 1, distribution of cocaine in violation of LSA-R.S. 40:967(A), which allegedly occurred on January 12, 2000; Count 2, distribution of cocaine in violation of LSA-R.S. 40:967(A), which allegedly occurred on January 12, 2000; Count 3, distribution of cocaine in violation of LSA-R.S. 40:967(A), which allegedly occurred on December 15, 1999; and Count 4, distribution of cocaine in violation of LSA-R.S. 40:967(A), which allegedly occurred on December 15, 1999. Defendant was arraigned on August 24, 2000 and pled not guilty. On December 12, 2000, defendant withdrew his pleas of not guilty and entered pleas of guilty on all four counts. On that same day, defendant initialed and signed a "waiver of constitutional rights plea of guilty" form. On January 8, 2001, the trial court sentenced defendant to imprisonment at hard labor for 25 years on each count to run concurrently. Defendant filed a motion for reconsideration of sentences on February 2, 2001. On February *258 6, 2002, the trial court granted the motion for reconsideration of sentences, vacated the original sentences, and sentenced defendant to imprisonment at hard labor for 15 years on each count to run concurrently. Defendant orally objected to the sentences and moved for an appeal. This appeal followed.

FACTS

On December 12, 2000, defendant advised the trial court he wished to withdraw his pleas of not guilty and enter pleas of guilty on all counts. The trial judge advised defendant of his constitutional rights. He told defendant he would be sentenced to 25 years at hard labor on all counts to run concurrently, that the state intended to file a multiple bill against him, and that he would receive the same 25-year sentence on the multiple bill. Defendant signed and initialed the "waiver of constitutional rights plea of guilty" form, which set forth the same terms as stated by the trial judge in court. Defendant waived his constitutional rights and entered a plea of guilty.

The prosecutor stated that there was a factual basis for the offenses, that all of the offenses occurred by hand-to-hand transaction with an undercover Jefferson Parish Sheriff's officer, and that the transactions on Counts 1 and 2 were videotaped. The trial judge stated he was satisfied there was a factual basis to support the pleas, that he believed defendant was making a knowing and intelligent waiver of his rights, and that defendant had done so freely and voluntarily. The trial judge subsequently accepted the pleas. Defendant requested that sentencing and the multiple bill hearing be delayed.

On January 8, 2001, after an off-the-record discussion, the trial judge stated that, on December 12, they had agreed that defendant would get a 25-year sentence on the four counts, that defendant would plead guilty to the multiple bill, and that defendant would get a 25-year sentence on the multiple bill. The trial judge stated it was now his understanding that defendant was ready for sentencing on the cocaine charges, but that he would not admit the allegations of the multiple bill. Defendant said that was correct. The trial judge informed defendant, at the request of defense counsel and the prosecutor, that if he did not admit the allegations of the double bill, the state was going to charge him as a triple offender. Defendant said he understood. The trial judge advised defendant that he could get a greater sentence, and defendant said he understood. The prosecutor then stated that it might bill him as a quad offender, and defendant said he understood. The trial judge told defendant that it was still his intent to sentence him to 25 years. He asked defense counsel whether he needed to talk to defendant. Defense counsel said, "No, Your Honor, you can go ahead with the plea." The trial judge subsequently sentenced defendant to 25 years on all four counts to run concurrently.

On February 6, 2002, during a hearing on defendant's motion to reconsider sentence, the following exchange occurred:

MR. BUTLER: [The prosecutor]
Judge, this is here on defendant's motion to reconsider sentence. We have discussed or had an off the record pretrial as to what a sentence would be and it's the State's position that we would not object if the court amended the sentence to one of 15 years and the State would not file a multiple bill.
THE COURT:

All right, Mr. Benz, does that satisfy your motion?

MR. BENZ: [Defense counsel]

Well, no, Your Honor. I still think it ought to be reduced lower than that.

*259 The initial agreement was seven with the D.A.'s office and Mr. Regan? [sic]
THE COURT:
The initial agreement was seven?
MR. BENZ:

That's my understanding with Mr. Regan. It's up to Your Honor.

THE COURT:

I realize that. When you say initial agreement—I was unaware of any agreement—

MR. BENZ:
No, we had no written agreement but that's what we talked about when I filed my motion.
MR. BUTLER:
Judge, if we could pass on this matter so that we can determine whether that's something that occurred. Perhaps Mr. Benz could contact Mr. Regan.
THE COURT:
That's all right with me.

(A recess was held)

MR. BUTLER:
If we can return to number 1, Rodney Martin, Your Honor. The State will reiterate its earlier statement for the court that based upon my review of the file and I believe that a 15 year sentence would be applicable in this case and I would have no objection to a 15 year sentence? [sic] The state had previously agreed not to multiple bill and of course we would not be seeking a—to multiple bill him on that 15 year sentence. I don't believe that there was, at least in my discussions with my office, their recollection is that there was an agreement that it would be amended to 15 years, not seven, so I would stand by that earlier statement, Your Honor.
THE COURT:

Mr. Benz, you called them up there too?

MR. BENZ:

Yes, Your Honor, and Mr. Regan's recollection is different from mine.

THE COURT:
All right, considering the agreement of both sides here and my knowledge of the case, I'm in agreement with that consent or that motion. The court finds that the sentence is disproportional and I therefore re-sentence the defendant to 15 years at hard labor on each count to run concurrently. The first one was 25 on each to run concurrently, all right, and this one is 15 on each.
MR. BUTLER:
As a formality, Your Honor, would you need to vacate the original sentence?
THE COURT:

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Related

State v. Henry
27 So. 3d 935 (Louisiana Court of Appeal, 2009)

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Bluebook (online)
839 So. 2d 256, 2003 WL 183001, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-martin-lactapp-2003.