State v. Perrilloux

802 So. 2d 772, 2001 WL 1426578
CourtLouisiana Court of Appeal
DecidedNovember 14, 2001
Docket01-KA-509
StatusPublished
Cited by6 cases

This text of 802 So. 2d 772 (State v. Perrilloux) 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. Perrilloux, 802 So. 2d 772, 2001 WL 1426578 (La. Ct. App. 2001).

Opinion

802 So.2d 772 (2001)

STATE of Louisiana
v.
Gregory PERRILLOUX.

No. 01-KA-509.

Court of Appeal of Louisiana, Fifth Circuit.

November 14, 2001.

*773 Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Thomas J. Butler, Assistant District Attorneys, Gretna, LA, Attorneys for Plaintiff/Appellee.

Amy C. Ellender, Louisiana Appellate Project, Mer Rouge, LA, Attorney for Defendant/Appellant.

Panel composed of Judges SOL GOTHARD, SUSAN M. CHEHARDY, and WALTER J. ROTHSCHILD.

SOL GOTHARD, Judge.

This is a criminal appeal from a guilty plea made by defendant, Gregory Perrilloux, to a multiple bill of information which charged him as being a second felony offender, and the resultant sentence of six years at hard labor without benefit of probation *774 or suspension of sentence. For reasons that follow, we affirm.

Defendant was charged by bill of information on August 16, 1999, with one count of theft of a 1985 Ford van in violation of LSA-R.S. 14:67. On August 19, 1999, defendant entered a plea of not guilty. Subsequently, the State amended the bill of information to one count of possession of stolen property valued at over $1,000.00 in violation of La. R.S. 14:69.[1]

Pursuant to a plea agreement, the defendant withdrew his plea of not guilty and entered a plea of guilty to the amended charge. The agreement also stipulated that the State would file a bill of information charging the defendant with being a second felony offender, and set a six year cap on sentencing. A written and fully executed acknowledgment of rights and waiver form which sets out these terms is included in the record.

Defendant waived the sentencing delays, and the trial court sentenced the defendant to six years at hard labor pursuant to the plea agreement. The trial court stated that the defendant would receive credit for all time served and that his sentence would run concurrent with any other sentence.

The next day, the State filed a multiple offender bill which alleged that the defendant was a second felony offender. The defendant stipulated to being a second felony offender, and tendered a plea of guilty to the multiple bill. A second waiver of rights form was executed pursuant to this bill of information. It specifically states that defendant is charged with being a second felony offender. Further, it states that the range of sentencing for this offense is five to twenty years at hard labor, but that defendant would receive six years at hard labor. The trial court vacated the original sentence and re-sentenced the defendant to six years at hard labor without benefit of probation or suspension of sentence.

On November 4, 1999, the defendant filed a pro se motion for appeal. The trial court denied the motion stating that the defendant was not entitled to the relief sought, but that he may seek review through an application for post-conviction relief. On January 10, 2001, the defendant filed an application for post-conviction relief claiming:

1. His guilty plea was unintelligent and unknowing because the essential elements of La. 14:69 were not satisfied in that the State did not present any evidence that the stolen van was valued over five hundred dollars.
2. His due process and equal protection rights were violated because no evidence was presented verifying the value of the van.
3. He also claims ineffective assistance of counsel because a minimum amount of investigation would have discovered that no value was certified in the bill of information.

The trial court granted an out-of-time appeal on February 21, 2001.[2]

*775 In brief to this court, defendant assigns four errors. In the first, he asserts that he did not knowingly and intelligently enter a plea of guilty to the charged offense in the original guilty plea. He specifically argues that there was insufficient evidence presented at the trial court to establish the value of the van, and that the guilty plea did not adequately show he had an understanding of the offense for which he was charged. He also contends that after the district attorney articulated the factual basis of the offense during the guilty plea, the trial court did not ask whether he understood that factual basis.

The State contends that the defendant's plea was knowingly and intelligently made, and that the trial court fully complied with LSA-C.Cr.P. art. 556.1. The State argues that whether or not the value of the van could have been proven does not affect the voluntariness of the plea. The State also argues that the defendant is precluded from raising the sufficiency of the evidence because a guilty plea precludes review of any non-jurisdictional defects. See, State v. King, 99-1348 (La.App. 5 Cir. 5/17/00), 761 So.2d 791, 793; writ denied, 00-1824 (La.6/29/01), 794 So.2d 822.

LSA-C.Cr.P. art. 556.1(A)(1), states:

A. In any criminal 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.

Here, defendant's argument focuses on the proof of the value of the van, rather than a lack of understanding of the elements of the crime. He states in his brief that, after the value of the van was stated by the State's attorney in the guilty plea proceedings, the trial court did not ask the defendant whether he agreed with, or understood the factual basis.

The test for the validity of a guilty plea does not depend upon whether or not the trial court specifically informed the accused of every element of the offense. Rather, the defendant must establish that his lack of awareness of the elements resulted in his lack of awareness of the essential nature of the offense to which he was pleading. State v. Hall, 537 So.2d 321, 322-323 (La.App. 1 Cir.1988); State v. Bowick, 403 So.2d 673, 675-676 (La.1981).

The defendant in this case fails to carry his burden of showing that his lack of awareness of the value of the stolen van resulted in his lack of awareness of the nature of the offense of possession of stolen property. During the plea colloquy, the trial court informed the defendant of his rights, explained the nature of the crime and the consequences of a plea of guilty. The following interaction took place between the defendant and the trial court which indicates that the defendant was aware of the nature of the charge to which he pled guilty:

Q. Mr. Perrilloux, your attorney has indicated to me that she has advised you of your rights (1) to a trial by jury, (2) to confront your accusers, and (3) against self-incrimination and that by entering your plea of guilty you are waiving or giving up those rights. She has also indicated to me that you have advised her that you understand these things; is that correct?

A. I do.

*776 Q. I want you to convince me also that you understand what you are doing by entering this plea of guilty. Consequently, I am going to explain the nature of the crime to which you are pleading guilty, and I will also explain the consequences of a plea of guilty.

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Bluebook (online)
802 So. 2d 772, 2001 WL 1426578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-perrilloux-lactapp-2001.