State v. Sebastien

730 So. 2d 1040, 1999 WL 175922
CourtLouisiana Court of Appeal
DecidedMarch 31, 1999
Docket31,750-KA, 31,751-KA, 31,752-KA
StatusPublished
Cited by10 cases

This text of 730 So. 2d 1040 (State v. Sebastien) 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. Sebastien, 730 So. 2d 1040, 1999 WL 175922 (La. Ct. App. 1999).

Opinion

730 So.2d 1040 (1999)

STATE of Louisiana, Appellee,
v.
Joseph Stacy SEBASTIEN, Appellant.

Nos. 31,750-KA, 31,751-KA, 31,752-KA.

Court of Appeal of Louisiana, Second Circuit.

March 31, 1999.
Rehearing Denied April 27, 1999.

*1042 Kidd & Culpepper By Paul Henry Kidd, Monore, Counsel for Appellant.

Richard Ieyoub, Attorney General, James M. Bullers, District Attorney, Whitley R. Graves, Robert Randall Smith, Assistant District Attorneys, Counsel for Appellee.

Before WILLIAMS, STEWART and GASKINS, JJ.

STEWART, J.

The defendant, Joseph Stacy Sebastien, pled guilty to three counts of DWI-4th offense, violations of La. R.S. 14:98. The defendant was sentenced on two counts to concurrent ten year sentences, with all but two years suspended and five years active supervised probation. After the third DWI-4th offense, the district court revoked the defendant's probation and imposed an additional ten year sentence at hard labor, and without benefit of probation, parole, or suspension, to run consecutive to the sentence on the first two counts. In this out-of-time appeal, the defendant argues that his guilty pleas were not knowingly and voluntarily made. We amend the defendant's sentence in accordance with the sentencing transcript and affirm.

FACTS

On September 22, 1995, Officer Bonnie Rhodes observed the defendant operating a motor vehicle while under suspension. Upon noticing the officer, the defendant pulled into a trailer park and threw an open can of beer out of the vehicle's window. Two other officers joined Officer Rhodes in stopping the defendant. The officers noticed a strong smell of alcohol on the defendant. The defendant denied having had anything to drink and stated that he had taken cough medicine. The defendant refused to submit to field sobriety tests. The defendant was arrested and charged with DWI-4th offense, docket number 80,335, hereinafter referred to as "No. 80,335."

On October 8, 1996, the day before the defendant was to appear in court for proceedings on No. 80,335, the defendant was observed traveling eastbound on Interstate 20 at ninety miles per hour in a fifty-five miles per hour zone. When officers stopped him, the defendant appeared unsteady and smelled of alcohol. The defendant failed field sobriety tests and refused the intoxilizer test. Rock-like substances, suspected to be "crack" cocaine, were found in the defendant's possession, and the defendant admitted to having ingested one of the rocks prior to being stopped. The defendant was again arrested and charged with a DWI-4th offense, *1043 docket number 83,268, hereinafter referred to as "No. 83,268."

At his court appearance the next day, October 9, 1996, the defendant pled guilty to the charge of DWI-4th offense in No. 80,335 and the charge of DWI-4th offense from the day before in No. 83,268. On December 20, 1996, the district court sentenced the defendant on each DWI-4th offense charge to concurrent sentences of ten years at hard labor with all but two years suspended and five years of active probation. One of the conditions of probation was that the defendant refrain from alcohol and drug use. The defendant was allowed to serve the two years in an in-house treatment program.

In February 1997, the assistant district attorney filed a "Motion For Arrest Warrant" alleging that the defendant had been seen at a bar in Bossier City in violation of the conditions of his probation. Shortly thereafter, on April 20, 1997, the defendant crashed his vehicle into a barrier at Barksdale Air Force Base in Bossier City, Louisiana, and was determined to be under the influence of alcohol and cocaine, a Schedule II controlled dangerous substance. The defendant was again charged with a DWI-4th offense in docket number 84,911, hereinafter referred to as "No. 84,911."

The defendant pled guilty to this last charge on May 19, 1997. At this proceeding, John S. Odom, Jr., Special Assistant, United States Attorney for the Western District of Louisiana, agreed to forego federal prosecution of the defendant in exchange for his guilty plea and imposition of a ten year sentence to run consecutive to the prior sentences, the revocation of his probation in No. 80,335 and No. 83,268, and restitution for damages at Barksdale. The defendant was sentenced that same day in No. 84,911 to ten years at hard labor without benefit of probation, parole, or suspension. His probation was revoked and the sentences imposed in No. 80,335 and No. 83,268 were reinstated. The district court ordered the defendant to serve the ten year sentence on No. 84,911 consecutive to the prior concurrent sentences in No. 80,335 and No. 83,268.

The defendant now appeals and asserts several assignments of error pertaining to the validity of his guilty pleas and the revocation of probation.

DISCUSSION

Plea Colloquies and Sentencing

The defendant asserts that the district court erred in taking consolidated guilty pleas for the 1995 charge in No. 80,335 and the 1996 charge in No. 83,268. The defendant complains that confusion resulted because only one plea colloquy was held and only one sentencing hearing was held. According to the defendant, the plea colloquy violated La.C.Cr.P. art. 556.1 as he was not informed of the possible sentences or of the nature of the charges against him. The defendant also asserts that he was not informed of the sentencing range or the nature of the charges against him in regards to his guilty plea in No. 84,911. The defendant further complains that the district court did not pronounce determinate sentences.

During the plea colloquy on October 9, 1996, the defendant was informed of his Boykin rights and waived those rights. The defendant was informed of the sentencing range through the district court's recitation of the penalty provision for DWI-4th offense, La. R.S. 14:98(E). The district court also informed the defendant that he faced a maximum exposure of sixty (60) years for the two charges. The facts behind both the 1995 charge, No. 80,335, and the 1996 charge, No.83,268, were recited by the district attorney on the record and in the presence of the defendant prior to the entry of his guilty pleas.

Our review of the record reveals no factual basis for the defendant's claims that he was not informed of the nature of the charges in No. 80,335 and No. 83,268 or of the possible sentences and that the plea colloquy and sentencing proceeding resulted in confusion. We find that the defendant's claims are factually without merit and that his guilty pleas in No. 80,335 and No. 83,268 were knowingly and voluntarily entered.

Similarly, during the plea colloquy on May19, 1997, for the charge in No.84,911, the defendant was informed of his Boykin rights *1044 and waived them. The defendant was also informed of the facts behind the charge prior to pleading guilty. Although the defendant was not informed of the sentencing range, he was informed that he would receive a sentence of ten years at hard labor and without benefit. The record indicates that this sentence was part of an agreement between the prosecutor and defense counsel. The agreement enabled the defendant to avoid federal prosecution which would have exposed him to the possibility of life imprisonment.

The entry of a guilty plea must be a free and voluntary choice by the defendant. State v. Hill, 30,552 (La.App. 2nd Cir. 5/13/98), 714 So.2d 814; State v. Clay, 30,770 (La.App. 2nd Cir. 5/13/98), 714 So.2d 123. In addition to advising the defendant of his Boykin

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Cite This Page — Counsel Stack

Bluebook (online)
730 So. 2d 1040, 1999 WL 175922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sebastien-lactapp-1999.