State v. McLemore

Louisiana Court of Appeal

State v. McLemore

619 So. 2d 210, 1993 La. App. LEXIS 2304, 1993 WL 184575

CourtLouisiana Court of Appeal

DecidedJune 3, 1993

DocketNo. 25,387-KH

StatusPublished

Cited by5 cases

This text of 619 So. 2d 210 (State v. McLemore) 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. McLemore, 619 So. 2d 210, 1993 La. App. LEXIS 2304, 1993 WL 184575 (La. Ct. App. 1993).

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Opinion

WRIT GRANTED AND MADE PEREMPTORY; REMANDED.

This post-conviction relief applicant’s guilty plea was made pursuant to North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970). In that circumstance, a significant factual basis must be established in order for the plea to be constitutionally valid. North Carolina v. Alford, supra; State v. Powell, 584 So.2d 1252 (La.App.2d Cir.1991); State v. Linear, 600 So.2d 113 (La.App.2d Cir.1992).

In the instant case, in each of the four armed robbery charges to which the defendant pled, the prosecutor simply stated the circumstances alleged in the bill of information and did not indicate what evidence the state had to support any element of any of the offenses. This circumstance fails to establish a significant factual basis for the petitioner’s guilty pleas. The defendant’s guilty pleas are therefore set aside, the convictions and sentences are reversed, and the case is remanded to the trial court for further proceedings.

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WRIT GRANTED AND MADE PEREMPTORY; REMANDED.

This post-conviction relief applicant’s guilty plea was made pursuant to North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970). In that circumstance, a significant factual basis must be established in order for the plea to be constitutionally valid. North Carolina v. Alford, supra; State v. Powell, 584 So.2d 1252 (La.App.2d Cir.1991); State v. Linear, 600 So.2d 113 (La.App.2d Cir.1992).

In the instant case, in each of the four armed robbery charges to which the defendant pled, the prosecutor simply stated the circumstances alleged in the bill of information and did not indicate what evidence the state had to support any element of any of the offenses. This circumstance fails to establish a significant factual basis for the petitioner’s guilty pleas. The defendant’s guilty pleas are therefore set aside, the convictions and sentences are reversed, and the case is remanded to the trial court for further proceedings.

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Bluebook (online)

619 So. 2d 210, 1993 La. App. LEXIS 2304, 1993 WL 184575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mclemore-lactapp-1993.

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