State v. Minniefield

986 So. 2d 227, 2008 WL 2266047
CourtLouisiana Court of Appeal
DecidedJune 4, 2008
Docket43,300-KA
StatusPublished
Cited by5 cases

This text of 986 So. 2d 227 (State v. Minniefield) 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. Minniefield, 986 So. 2d 227, 2008 WL 2266047 (La. Ct. App. 2008).

Opinion

986 So.2d 227 (2008)

STATE of Louisiana, Appellee
v.
Earnest J. MINNIEFIELD, Appellant.

No. 43,300-KA.

Court of Appeal of Louisiana, Second Circuit.

June 4, 2008.

*229 Annette Roach, Louisiana Appellate Project, for Appellant.

Paul J. Carmouche, District Attorney, Jason Trevor Brown, Tommy J. Johnson, Assistant District Attorneys, for Appellee.

Before GASKINS, CARAWAY and DREW, JJ.

GASKINS, J.

The defendant, Earnest Minniefield, entered a plea of guilty to aggravated burglary and was ordered to serve 12 years at hard labor with credit for time served. The defendant now appeals, attacking the validity of his guilty plea and claiming that the sentence is excessive. For the following reasons, we affirm the conviction and sentence.

FACTS

Around 7:00 a.m. on October 7, 2006, the defendant rang the doorbell of the victim in a Shreveport neighborhood. When the 79-year-old victim came to the door, the defendant stated that he was there to do yard work. The victim told him that he had the wrong address. When the victim tried to close the door, the defendant pushed his way into the house. The defendant grabbed the victim's arm, causing him to fall to the floor. The victim suffered a cut to his arm which left a scar.

The defendant disconnected one of the phones in the house and demanded the victim's ATM card. The victim informed the defendant that he did not have an ATM card. The defendant then took money from the victim's wallet and asked for the keys to the victim's car. The victim complied and the defendant left the residence in the victim's car.

The car was found at Lakeshore Inn in Shreveport on October 27, 2006. At that time, police officers came into contact with the defendant who claimed that he rented the car from someone else. The keys to *230 the car were recovered from the toilet in the defendant's motel room.

The police placed a picture of the defendant in a six-person photo lineup and showed it to the victim. The victim identified the defendant as the man who invaded his home and took his money and car.

On October 30, 2006, the defendant came to the police station, claiming that he had more information about the person who rented the car to him. The defendant was informed that the victim had identified him in a photo lineup. The defendant admitted committing the offense, claiming that he was forced to do so by a person to whom he owed money for drugs. The defendant was arrested and charged with aggravated burglary.

On August 23, 2007, the defendant entered a plea of guilty as charged to aggravated burglary. On September 12, 2007, the defendant appeared before the court for sentencing. The court noted that the defendant was a second felony offender and ordered that he serve 12 years at hard labor with credit for time served. The defendant filed a motion to reconsider the sentence which was denied by the trial court. The defendant appealed his conviction and sentence, arguing that the trial court failed to assure that his plea was knowingly and intelligently entered. He also claimed that the sentence was excessive.

GUILTY PLEA

The defendant argues that the trial court failed to assure that the guilty plea was knowingly and intelligently entered. He claims that the trial court did not comply with La. C. Cr. P. art. 556.1(A)(1) because it failed to advise the defendant of the nature of the offense. He also asserts that the trial court did not ascertain whether the defendant had the ability to freely and knowingly waive his rights. The defendant maintains that the plea colloquy was insufficient and that the trial court failed to adequately explain the defendant's Boykin rights. Due to these alleged errors, the defendant claims that his guilty plea was not knowingly entered and should be set aside. These arguments are without merit.

Legal Principles

A valid guilty plea must be a free and voluntary choice by the defendant. A guilty plea will not be considered free and voluntary unless, at the very least, the defendant was advised of his constitutional rights against self-incrimination, to a trial by jury, and to confront his accusers. Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969); State v. Kennedy, 42,850 (La.App. 2d Cir.1/9/08), 974 So.2d 203. An express and knowing waiver of those rights must appear on the record, and an unequivocal showing of a free and voluntary waiver cannot be presumed. State v. Kennedy, supra; State v. Hicks, 42,427 (La.App. 2d Cir.10/24/07), 968 So.2d 307.

La. C. Cr. P. art. 556.1 provides:

A. In a felony case, the court shall not accept a plea of guilty or nolo contendere without first addressing the defendant personally in open court and informing him of, and determining that he understands, all of the following:
(1) The nature of the charge to which the plea is offered, the mandatory minimum penalty provided by law, if any, and the maximum possible penalty provided by law.
...
(3) That he has the right to plead not guilty or to persist in that plea if it has already been made, and that he has the right to be tried by a jury and at that trial has the right to the assistance of counsel, the right to confront and *231 cross-examine witnesses against him, and the right not to be compelled to incriminate himself.
(4) That if he pleads guilty or nolo contendere there will not be a further trial of any kind, so that by pleading guilty or nolo contendere he waives the right to a trial.
B. In a felony case, the court shall not accept a plea of guilty or nolo contendere without first addressing the defendant personally in open court and determining that the plea is voluntary and not the result of force or threats or of promises apart from a plea agreement.
C. The court shall also inquire as to whether the defendant's willingness to plead guilty or nolo contendere results from prior discussions between the district attorney and the defendant or his attorney. If a plea agreement has been reached by the parties, the court, on the record, shall require the disclosure of the agreement in open court or, on a showing of good cause, in camera, at the time the plea is offered.
D. In a felony case a verbatim record shall be made of the proceedings at which the defendant enters a plea of guilty or nolo contendere.
E. Any variance from the procedures required by this Article which does not affect substantial rights of the accused shall not invalidate the plea.

Nature of the Charge

La. C. Cr. P. art. 556.1(A)(1) provides that, prior to accepting a guilty plea, the court must personally inform the defendant of the nature of the charge to which the plea is offered, any mandatory minimum penalty and the maximum possible penalty. The test for the validity of a guilty plea does not depend upon whether or not the district court specifically informed the accused of every element of the offense. Rather, the defendant must establish that he lacked awareness of the essential nature of the offense to which he was pleading. State v. Kennedy, supra; State v. Hicks, supra. Violations of La. C. Cr. P. art. 556.1 that do not rise to the level of Boykin violations are subject to the harmless error analysis. State v. Kennedy, supra.

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Cite This Page — Counsel Stack

Bluebook (online)
986 So. 2d 227, 2008 WL 2266047, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-minniefield-lactapp-2008.