State v. Martin

115 So. 3d 750, 2013 WL 1976257, 2013 La. App. LEXIS 932
CourtLouisiana Court of Appeal
DecidedMay 15, 2013
DocketNo. 48,045-KA
StatusPublished
Cited by16 cases

This text of 115 So. 3d 750 (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, 115 So. 3d 750, 2013 WL 1976257, 2013 La. App. LEXIS 932 (La. Ct. App. 2013).

Opinion

LOLLEY, J.

| iVarnel Martin, Jr., was convicted by the 26th Judicial District Court, Parish of Bossier, State of Louisiana, of one count of second degree robbery in violation of La. R.S. 14:64.4 and was sentenced to 25 years’ [752]*752hard labor. Martin now appeals. For the following reasons, we affirm his conviction and sentence.

FACTS

On November 17, 2009, Martin entered the home of an acquaintance, Huey Green, while wearing a mask and carrying a gun. Martin shot Green and stole $400.00 from him. Green, who survived the attack, recognized Martin as the assailant and informed the police that Martin had shot and robbed him.

Martin was arrested and charged by bill of information with armed robbery in violation of La. R.S. 14:64. On the day set for trial and pursuant to a plea agreement, Martin pled guilty to one count of second degree robbery in violation of La. R.S. 14:64.4, and the State agreed not to charge Martin as a habitual offender. At the Boykin hearing, the trial court properly questioned Martin to ensure he knowingly and voluntary relinquished his rights to trial by accepting the plea deal.

Prior to sentencing, Martin filed a pro se motion to withdraw his guilty plea as unknowing, contending that his trial counsel had misinformed him by stating that the charge of second degree robbery was “not a crime of violence” and, therefore, would only subject him to serve only 55% of his sentence. After a contradictory hearing, the trial court denied Martin’s motion to withdraw his guilty plea. At the sentencing hearing, the trial |2court reviewed the presentence investigation report, and after articulating the reasons for its ruling, sentenced Martin to serve 25 years’ hard labor. This appeal followed.

DISCUSSION

As his first assignment of error, Martin argues that the trial court erred by denying his motion to withdraw his guilty plea. Specifically, Martin claims that prior to his guilty plea, his trial counsel had advised him that the crime of second degree robbery was not a crime of violence as defined by La. R.S. 14:2B and, therefore, he would only have to serve only 50% of his sentence pursuant to diminution of sentence for good behavior under La. R.S. 15:571.3. Martin claims he did not discover until after he pled guilty that second degree robbery was in fact a crime of violence and that he would not receive credit for good time served and, therefore, the misinformation provided by his trial counsel precluded him from entering a knowing and voluntary plea.

Louisiana. C. Cr. P. art. 559A allows a trial court to permit a plea of guilty to be withdrawn at any time before the imposition of a sentence. The discretion to allow withdrawal of a guilty plea under Art. 559A lies with the trial court and such discretion cannot be disturbed unless an abuse or arbitrary exercise of that discretion is shown. State v. Harris, 43,069 (La.App.2d Cir.03/19/08), 980 So.2d 174. A defendant has no absolute right to withdraw a guilty plea. Id.

When the record establishes that an accused was informed of and waived his right to trial by jury, to confront his accusers, and against | ^self-incrimination, then the burden shifts to the accused to prove that despite this record, his guilty plea was involuntary. State v. Wynne, 40,921 (La.App.2d Cir.04/12/06), 926 So.2d 789; see also Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969).

A plea is constitutionally infirm when the defendant is induced to plead guilty by a plea agreement or by what the defendant reasonably believes is a plea agreement and the terms of the agreement are not satisfied. State v. Bouwell, 45,635 (La.App.2d Cir.09/22/10), 48 So.3d 335. Where a defendant’s misunderstanding is [753]*753not induced by or attributed to representations made by the district attorney or the trial court, there are no grounds for withdrawal of the plea. State v. Hall, 26,006-26,007 (La.App.2d Cir.1994), 637 So.2d 645, writ denied, 94-1873 (La.09/30/94), 642 So.2d 868. In the absence of fraud, intimidation, or incompetence of counsel, a guilty plea is not made less voluntary or less informed by the considered advice of counsel. Id.

Here, the trial court properly denied Martin’s motion to withdraw his guilty plea. The transcript of Martin’s guilty plea colloquy reflects that the trial court informed Martin of his Boykin rights and the applicable penalty range for second degree robbery. Martin stated that he understood both his rights and the attendant penalty range. Martin admitted to the facts of his crime as recited by the State, and he pled guilty to second degree robbery. At no point during the lengthy guilty plea colloquy did Martin ask the trial court whether he would be eligible for good time credit if he pled guilty.

^Furthermore, at the contradictory hearing concerning Martin’s motion to withdraw his guilty plea, Martin failed to present any evidence supporting his claim that his trial counsel had misinformed him even though his trial counsel was present at the hearing to testify. Martin merely stated that he had believed, based on his trial counsel’s representations, that he would be eligible for good time credit if he pled guilty. Because Martin presented no evidence supporting his claim that his plea was unknowing and involuntary, the trial court did not abuse its discretion in denying Martin’s motion to withdraw his guilty plea, and this assignment of error is without merit.

As his second assignment of error, Martin claims that the trial court erred by imposing an unconstitutionally excessive sentence. We disagree.

The test applied by the reviewing court in determining the excessiveness of a sentence is two-pronged. First, the record must show that the trial court took cognizance of the criteria set forth in La. C. Cr. P. art. 894.1. The trial court is not required to list every aggravating or mitigating circumstance so long as the record reflects that it adequately considered the guidelines of the article. State v. Smith, 433 So.2d 688 (La.1983); State v. Washington, 46,913 (La.App.2d Cir.02/01/12), 86 So.3d 697, writ denied, 2012-1407 (La.11/21/12), 102 So.3d 54. The articulation of the factual basis for a sentence is the goal of La. C. Cr. P. art. 894.1, not rigid or mechanical compliance with its provisions. Where the record clearly shows an adequate factual basis for the sentence imposed, remand is | Sunnecessary even where there has not been full compliance with La. C. Cr. P. art. 894.1. State v. Lanclos, 419 So.2d 475 (La.1982); State v. Swayzer, 43,350 (La.App.2d Cir.08/13/08), 989 So.2d 267, writ denied, 2008-2697 (La.09/18/09), 17 So.3d 388. The important elements which should be considered are the defendant’s personal history (age, family ties, marital status, health, employment record), prior criminal record, seriousness of offense, and the likelihood of rehabilitation. State v. Jones, 398 So.2d 1049 (La.1981); State v. Ates, 43,327 (La.App.2d Cir.08/13/08), 989 So.2d 259, writ denied, 2008-2341 (La.05/15/09), 8 So.3d 581. There is no requirement that specific matters be given any particular weight at sentencing. State v. Moton, 46,607 (La.App.2d Cir.09/21/11), 73 So.3d 503, writ denied, 2011-2288 (La.03/30/12), 85 So.3d 113.

Second, a sentence violates La. Const. Art.

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Bluebook (online)
115 So. 3d 750, 2013 WL 1976257, 2013 La. App. LEXIS 932, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-martin-lactapp-2013.