State v. O'NEAL

795 So. 2d 1292, 2001 WL 1205316
CourtLouisiana Court of Appeal
DecidedOctober 12, 2001
Docket34,814-KA
StatusPublished
Cited by17 cases

This text of 795 So. 2d 1292 (State v. O'NEAL) 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. O'NEAL, 795 So. 2d 1292, 2001 WL 1205316 (La. Ct. App. 2001).

Opinion

795 So.2d 1292 (2001)

STATE of Louisiana, Appellee,
v.
Cedric Charles O'NEAL, Appellant.

No. 34,814-KA.

Court of Appeal of Louisiana, Second Circuit.

October 12, 2001.

*1293 Peggy J. Sullivan, Monroe, Counsel for Appellant.

Richard P. Ieyoub, Attorney General, Paul J. Carmouche, District Attorney, Tommy J. Johnson, Laura O. Wingate, Assistant District Attorneys, Counsel for Appellee.

Before WILLIAMS, GASKINS and CARAWAY, JJ.

WILLIAMS, Judge.

The defendant, Cedric Charles O'Neal, was convicted of vehicular homicide, a violation of LSA-R.S. 14:32.1. Subsequently, he was adjudicated as a third felony habitual offender and sentenced to life in prison, without benefit of probation, parole or suspension of sentence. The defendant appeals.

FACTS

On October 17, 1998, a football game was held between Grambling State University and the University of Arkansas Pine Bluff at the Fairgrounds Stadium in Shreveport. Robin Barrett, a 23-year-old, was attending the game with her friends, including Sandra Lewis. Although he was not attending the game, the defendant was at a tailgate party outside the stadium. During the party, the defendant had several beers and possibly smoked marijuana.

During the third quarter, Robin Barrett, Sandra Lewis and a friend, decided to leave the game. At the same time, the defendant decided he was hungry and borrowed his friend's car, a gold 1964 Chevrolet, to drive to a nearby Subway for something to eat.

At about 9:00 p.m., a police officer working crowd control for the game heard the loud roaring of a car engine and saw an older model gold automobile traveling west on Greenwood Road at a high rate of speed. At the same time, Robin Barrett and Sandra Lewis, along with a crowd of people, were attempting to cross Greenwood Road. As the crowd started to cross the first lane of travel, a Ford Explorer in the outside lane stopped to allow the crowd to cross the street.

The defendant, who was behind the Ford Explorer, approached at a high rate of speed. As he approached the stopped Explorer, the defendant moved into the inside lane of travel. The crowd of pedestrians stepped out from in front of the stopped Explorer into the inside lane of Greenwood Road. The defendant started braking the car; however, the car hit Lewis knocking her backwards toward the curb. She survived, with leg injuries.[1] Robin Barrett was ahead of her friend, and the defendant's car struck her head on. At the time of the impact, the car had slowed down to approximately thirty-four miles per hour.[2] The force of the impact broke both of Barrett's legs and threw her approximately 25 feet into the air and a distance of 83 feet into the east-bound lane of Greenwood Road. She suffered massive head and chest injuries and died shortly thereafter.

Upon its impact with Barrett, the defendant's car spun almost completely around *1294 and stopped. The defendant was arrested. The arresting officers noticed marijuana in the car's ashtray. The defendant was administered a Breathalyzer test shortly after the arrest. The results of the test indicated a blood alcohol content of .112%. The arresting officers also obtained blood and urine samples from the defendant. Subsequent testing of the blood samples showed a blood alcohol content of .11%. Testing of the urine sample revealed the presence of marijuana in the defendant's body.

At the time of the accident, the defendant was 24 years old. He had two prior felony convictions. He had pled guilty in Caddo Parish in 1993 to possession of crack cocaine. Prior to the drug conviction, the defendant had been arrested in Bossier Parish for simple burglary of an automobile and had pled guilty to a reduced charge of simple burglary.

The defendant was tried before a jury for vehicular homicide and found guilty as charged. Subsequently, the state filed a "Third Felony Habitual Offender Bill of Information," alleging that:

The first felony conviction was POSSESSION SCHEDULE II, CONTROLLED DANGEROUS SUBSTANCE, to which (the defendant) pled guilty on OCTOBER 25, 1993, in the First Judicial District Court of Caddo Parish, Louisiana....
The second felony conviction was SIMPLE BURGLARY, which (the defendant) pled guilty to on JANUARY 26, 1994, in the Twenty Sixth Judicial District Court, Bossier Parish, Louisiana....
After said second felony conviction, the said CEDRIC CHARLES O'NEAL committed and was convicted of the third and instant felony offense, namely VEHICULAR HOMICIDE which was committed on or about OCTOBER 17, 1998, and for which he was subsequently convicted on OCTOBER 14, 1999, a period of ten years not having lapsed since the expiration of the maximum sentence imposed on the defendant's first felony conviction and the time of the commission of this said described third felony for which he has been convicted.

The defendant appeared with counsel and pled not guilty to the habitual offender bill of information. Thereafter, the defendant filed a "Motion to Deviate from The Constitutionally Excessive Third Habitual Offender Sentence," and a "Motion for Sentencing Hearing." At the close of the testimony at the sentencing hearing, the trial court denied the defendant's motion to deviate from the habitual offender statute and sentenced him to serve the remainder of his natural life in prison without benefit of probation, parole or suspension of sentence, with credit for time served. The defendant appeals.

DISCUSSION

Voluntariness of the Prior Guilty Plea:

The defendant contends the 1993 Caddo Parish possession of cocaine guilty plea should not have been used to enhance his sentence because the state did not introduce the transcript of the guilty plea. The state argues that the guilty plea was sufficient and once the state filed the minutes of the proceeding, the burden shifted to the defendant to prove any deficiency in the plea.

The record reflects that during the habitual offender hearing, the state introduced the transcript of the 1993 Bossier Parish burglary guilty plea, but it did not introduce the transcript of the 1993 Caddo Parish possession of cocaine guilty plea. Rather, the state introduced only the court minutes which stated that the trial court advised the defendant "of his rights in *1295 Boykin v. Alabama (see Court Reporter's Transcript)."

The defendant objected to the use of his 1993 Caddo Parish guilty plea. He argued that the only evidence of this plea was a minute entry showing he had been advised of his rights under Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). On appeal, he argues that the record does not indicate what statements the clerk considered as the defendant's Boykin rights, and the trial court failed to advise him of the possible penalties for the crime charged. The defendant urges that standing alone, the minute entry was insufficient and the plea should not have been used to adjudicate him a third felony offender.

To obtain a multiple offender adjudication against a defendant, the state must prove by competent evidence that there is a prior felony conviction and that the defendant is the same person convicted in the previous proceeding. State v. Jeffers, 623 So.2d 882 (La.App. 2d Cir.1993). In order to enhance a sentence with a prior guilty plea, the state bears the burden of proving that the guilty plea was constitutionally taken.

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Cite This Page — Counsel Stack

Bluebook (online)
795 So. 2d 1292, 2001 WL 1205316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-oneal-lactapp-2001.