State v. Welch

57 So. 3d 442, 2011 La. App. LEXIS 62, 2011 WL 228533
CourtLouisiana Court of Appeal
DecidedJanuary 26, 2011
DocketNo. 45,950-KA
StatusPublished
Cited by6 cases

This text of 57 So. 3d 442 (State v. Welch) 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. Welch, 57 So. 3d 442, 2011 La. App. LEXIS 62, 2011 WL 228533 (La. Ct. App. 2011).

Opinion

MOORE, J.

12Chadward Channell Welch, convicted of aggravated flight from an officer, appeals his adjudication as a third felony offender and his sentence of life at hard labor without benefits. For the reasons expressed, we affirm.

Shortly after 2:00 am on May 21, 2009, Shreveport Police Officer A.J. Kelly saw an older-model Olds 88 Royale make an illegal U-turn on Lakeshore Drive. Suspecting the driver was drunk, Officer Kelly flashed his emergency lights and sounded his siren to stop the Olds, but the driver sped off, leading the officer on' a high-speed chase into the Queensborough neighborhood. In the course of the chase, the driver drove on the wrong side of Darien Street and ran two stop signs and a [444]*444flashing red light; he eventually crashed the car into a utility pole at the corner of West College Street and Arkansas Avenue. As Officer Kelly pulled alongside the Olds, the driver got out, giving the officer a good look at his face; the driver then started running north on Arkansas Avenue. Officer Kelly chased him on foot but lost him in an alley several blocks away.

¡^Identification officers traced the Olds to Sheba Taylor, who said that her boyfriend, Welch, had been using the car until she took the keys away from him, and shortly after that, the car turned up stolen. Detective Gordon, who had prior dealings with Welch, showed Officer Kelly a photo lineup; Officer Kelly immediately and positively picked Welch as the driver of the Olds. Detective Gordon then obtained a warrant for his arrest for aggravated flight from an officer, La. R.S. 14:108.1 C, and Welch turned himself in at the Caddo Correctional Center on May 26.

The state charged Welch by amended bill of information with one count of aggravated flight from an officer.1 On the day of trial, he withdrew his plea of not guilty and pled guilty as charged. The only agreement with the state was that Welch would cooperate in providing information about a homicide; the prosecutor stated that in his sole discretion, the state would elect whether to charge him as a habitual offender, based on the value of the information provided. Before accepting the guilty plea, the court conducted a full Boy-kin examination in which Welch also conceded that his habitual offender status depended on his giving useful information to the state.

One month later, the state charged Welch as a third felony offender, citing his 2001 guilty plea to possession of a Schedule I CDS (Ecstasy) and [4his 2008 guilty plea to attempted possession with intent to distribute a Schedule II CDS (cocaine) as predicate felonies. At trial, the state offered certified copies of both the prior bills of information and court minutes; a forensics expert testified that Welch’s fingerprints matched those on the certified bills. Welch complained that the state had reneged on its agreement to forgo a habitual offender bill in exchange for information on the homicide. After a long colloquy with the court, he admitted that the habitual offender bill was solely in the state’s discretion, based on the usefulness of the information provided, and that he had indeed committed aggravated flight from an officer. The court adjudicated him a third felony offender and sentenced him to the mandatory life in prison at hard labor, without benefit of parole, probation or suspension of sentence, under La. R.S. 15:529.1 A(1)(b)(ii).2

After retaining new counsel, Welch filed a motion for new trial on the habitual offender bill, alleging deficiencies in both predicate convictions, and a motion to reconsider sentence, urging that a departure from mandatory life was warranted because, inter alia, no one was hurt in the instant offense and the prior felonies were nonviolent. The district court held a full hearing but denied both motions, and this appeal followed.

|fiBy his first assignment of error, Welch urges the court erred in denying his motion for new trial because the prior convictions were invalid predicate felonies. He contends that in the 2008 guilty plea, [445]*445the court failed to advise him of the maximum sentence for possession of a Schedule I CDS, as required by La. C. Cr. P. art. 556.1, and of the fact that the conviction could be used to enhance a subsequent sentence. He also contends that the state introduced only the court minutes of his 2001 guilty plea; although these minutes recited compliance with Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), without a transcript he was denied the right to challenge that conviction for irregularities not disclosed in the minutes.

Welch correctly cites the text of La. C. Cr. P. art. 556.1 A(l), which requires a court, before accepting a guilty plea in a felony case, to address the defendant in open court and advise him of “the mandatory minimum penalty provided by law, if any, and the maximum possible penalty provided by law.” However, the supreme court has held that advice “with respect to the defendant’s sentencing exposure * * * has never formed a part of this Court’s core Boykin requirements for the entry of a presumptively valid guilty plea in any case.” State v. Anderson, 98-2977 (La.3/19/99), 732 So.2d 517; State v. Guzman, 99-1753 (La.5/16/00), 769 So.2d 1158. Similarly, the supreme court has held that trial courts need not advise defendants that a | ^conviction may be used to enhance a subsequent sentence. State v. Muse, 367 So.2d 789 (La.1979); State v. Montalban, 2000-2739 (La.2/26/02), 810 So.2d 1106. Neither of the deficiencies cited by Welch will invalidate his 2008 guilty plea.

The supreme court has also held that the state need not introduce a “perfect” transcript of a guilty plea to prove a prior conviction. The state may offer “a guilty plea form, a minute entry, an ‘imperfect’ transcript, or any combination thereof,” and this offering shifts the burden of proof to the defendant to show some irregularity. State v. Shelton, 621 So.2d 769 (1993); State v. Carlos, 98-1366 (La.7/7/99), 738 So.2d 556. The minutes of Welch’s 2001 guilty plea show that he was represented by counsel and advised of his Boykin rights; the burden shifted, but Welch offered nothing but speculation to counter the state’s showing. On this record, the district court did not err in finding sufficient proof of the 2001 conviction. This assignment of error lacks-merit.

By his second and third assignments of error,3 Welch urges the court erred in denying his motion to reconsider sentence and depart from the mandatory life at hard labor prescribed by R.S. 15:529.1 A(1)(b)(ii), and in imposing an excessive sentence. He argues that no one was- hurt in his aggravated flight from Officer Kelly; neither of his prior offenses was a |7crime of violence or a sex offense; and one of his prior felonies, simple possession of Ecstasy, carried a maximum of only 10 years in prison, the minimum to qualify as a predicate offense under R.S. 15:529.1 A(1)(b)(ii). He strongly urges that it is anomalous for a person convicted of aggravated flight from an officer, an offense bearing a maximum sentence of only two years and in which nobody was hurt, to be sent to Angola for life ivithout benefits.

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Cite This Page — Counsel Stack

Bluebook (online)
57 So. 3d 442, 2011 La. App. LEXIS 62, 2011 WL 228533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-welch-lactapp-2011.