State v. McGuire

179 So. 3d 632, 2015 La. App. LEXIS 1904, 2015 WL 5714864
CourtLouisiana Court of Appeal
DecidedSeptember 30, 2015
DocketNos. 50,074-KA, 50,075-KA
StatusPublished
Cited by6 cases

This text of 179 So. 3d 632 (State v. McGuire) 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. McGuire, 179 So. 3d 632, 2015 La. App. LEXIS 1904, 2015 WL 5714864 (La. Ct. App. 2015).

Opinion

MOORE, J.

| t This is a consolidated appeal of two cases arising from three criminal conviction's by plea agreement of the defendant, Jeffrey McGuire. McGuire pled guilty to distribution of methamphetamine and dis[636]*636tribution of marijuana and was sentenced to 15 years’ imprisonment at hard labor and five years’ imprisonment at hard labor, respectively. In- a separate prosecution, the defendant pled guilty to posses-* sion of methamphetamine with the intent to distribute and was sentenced to 10 years’ imprisonment at hard labor. The court ordered that the sentences be served consecutively to each other and to any other sentence McGuire had to serve. McGuire now appeals his convictions and sentences. After review, we affirm the Convictions and sentences.

FACTS

Jeffrey McGuire was arrested on August 27, 2013, and charged in Case No. 202,939 with two counts of distribution of methamphetamine, in violation of La. R.S. 40:967 and one count of distribution of marijuana, in violation of La. R.S. 40:966. He was released on bond and later arrested again on November 14, 2013, and charged with possession of methamphetamine with intent to distribute, in violation of La. R.S. 40:967 in Case No. 202,981.' He was also charged with possession of drug paraphernalia, and two counts of possession of a Schedule IV controlled dangerous substance, Soma and Xanax, in Case Nos. 202,982,202,984, and 202,985.

On November 15, 2013, attorney Kevin Berg, from the Public Defender’s Office, was appointed to represent McGuire. On January 14, | ⅞2014, arraignment was waived and the defendant entered a plea of not .guilty. The trial court advised McGuire of his right to trial and set the matter for status conference on April 15, 2014. The minutes indicate that the state supplied discovery.

When the parties appeared for the April 15, 2014, status conference, Kevin Berg was unavailable, so the court’s only action was to reset the status conference for June 10, 2014. Attorney Sangbahn Scere stood infor Berg..;

On April 22, 2014, Kevin Berg filed a motion for discovery on the defendant’s behalf and requested copies of the prosecution’s file, including exculpatory information and materials. The motion was granted and the trial court ordered the state to comply or appear on May 13, 2014, and state why the state should not comply.

The state’s response, filed April 24, 2014, stated that attached was a copy of the district attorney’s file, including the police reports, ■ warrants, statements,, criminal records, transfer documentation, photos and the bills of information. The response also stated that any audio and video made in connection with' the investigation would' be provided in a separate response.

At the June 10,2014, status conference, Kevin Berg was again unavailable, and the substitute counsel asked to stand in for Berg, stating he had a conflict and could not represent McGuire. The court simply reset the matter for July 8,2014.

McGuire appeared on July 8, 2014, with counsel Kevin Berg and announced that he was withdrawing his plea of not guilty and accepting the ^state’s plea bargain offer. In.exchange for his plea of guilty .to possession .of methamphetamine with intent to distribute, in Gase No. 202,981, as well as one count of distribution of methamphetamine and one. count of distribution of marijuana in Case No. 202,939, the other count of distribution of methamphetamine in Case No. 202,939, would be dismissed and the charges of possession of drug paraphernalia and two counts of possession of Schedule IV drugs would also be dismissed.' There was no agreement as to sentencing.

McGuire confirmed that he was 33 years old, was able to read and write, and had a [637]*637college degree. He confirmed that he had discussed his cases with his attorney,-Kevin Berg, and was satisfied with his attorney. The defendant said that he understood the three charges and the penalty range for each offense, which was 2-30 years at hard labor and'an optional fine of up to $50,000 for distribution' of methamphetamine and possession with- intent to distribute methamphetamine,' and 5-30 years at hard labor and a fine of no inore than $50,000 for distribution of marijuana.

McGuire also confirmed that he understood that by pleading guilty, he would waive his right to trial, his right to confront and cross-examine his accusers, his right' to subpoena witnesses to* testify-bn his behalf, his' right to remain sileht, and his right to appeal his convictions. McGuire said he was not forced to plead guilty, was not promised anything to plead guilty, and was not promised any sentence to plead guilty. He confirmed that his attorney had advised him of his legal rights as to the charged offenses.

I .[The following factual .statement was provided as a basis for the guilty plea. On August 18, 2018, a member of the Bossier Task Force executed a controlled buy, in which McGuire sold 2.6 grams of methamphetamine' to an undercover agent for $250. Another controlled buy occurred on August 27, 2013, in which the defendant sold the undercover officer 3.2 grams of marijuana in exchange for $100. In both cases, the controlled buys were observed by surveillance officers, Who also recorded audio and video of the controlled buys. The drugs obtained tested positive for methamphetamine and marijuana in the field and again later in the lab. McGuire was arrested and released on bond.

On November 14, 2013, agents again arrested McGuire after they observed him transacting a sale of methamphetamine at a local casino. The drugs seized tested positive both in- the field and the lab for methamphetamine. No audio or video recording was made of this arrest.

McGuire confirmed that those facts were correct and pled guilty to all three counts. Thé trial court found that the guilty pleas were voluntarily made under full understanding of the defendant’s rights and based on sufficient evidence. The remaining count for distribution of methamphetamine in Case No. 202,939 was nol prossed, as were the charges in Case Nos. 202,982,202,984, and 202,985.

On .September 23, 2014, McGuire appeared for sentencing. .The trial court stated that the defendant’s presentence investigation report, with the attached letters, had been reviewed. The court then allowed the defendant to speak. McGuire’s only comment was a request that he be allowed to |,-.participate in a drug rehabilitation program and the trial court responded that he would be recommended for substance abuse treatment.

The trial court' reviewed the factual basis for the crime, as provided in the PSI report. Attached to the PSI was a letter from the defendant, stating that he was remorseful and' regretted his decisions, that he planned to live a sober life free of drugs and> crime, and that he planned to live with his parents and return to his former job at a hair salon. A second letter from his parents confirmed that- they would allow him to live with them cost-free so that he could return to his former salon job and that they were confident in their son’s decisions while incarcerated to live a better life and get help for his drug addiction. - -

As noted by the trial court, McGuire has a lengthy criminal history in Texas. There were numerous arrests for theft and drug possession, and he had five felony convictions in Texas. McGuire was still on [638]*638probation when he committed the instant crimes and after his arrest in Bossier City; a detainer was issued.

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

Related

State of Louisiana v. Jeremy Jermaine Green
Louisiana Court of Appeal, 2023
State v. Granado
261 So. 3d 51 (Louisiana Court of Appeal, 2018)
State of Louisiana v. Christopher Granado
Louisiana Court of Appeal, 2018
State v. Minnieweather
251 So. 3d 583 (Louisiana Court of Appeal, 2018)
Jeremy Coleman v. Jerry Goodwin, Warden
833 F.3d 537 (Fifth Circuit, 2016)
State v. Johnston
198 So. 3d 151 (Louisiana Court of Appeal, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
179 So. 3d 632, 2015 La. App. LEXIS 1904, 2015 WL 5714864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcguire-lactapp-2015.