 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Roe6/1/2005
ir[,]" when the trial court asked, "Do you understand that you are authorizing this court to impose the . . . maximum sentence allowed by law without benefit of delay?"
The defendant also alleges in his appellate brief that even if there was no plea agreement for a probated sentence, he was clearly relying on such an agreement. He cites to State v. Berry, 31,861 (La.App. 2 Cir. 3/31/99),732 So.2d 638, and State v. Bates, 29,252 (La.App. 2 Cir. 1/22/97), 711 So.2d 281, for the premise that a guilty plea must be set aside as not having been made knowingly where a defendant reasonably believes that there is a plea agreement and the terms of that plea agreement were not satisfied, even if no such bargain ever existed. However, the second circuit qualified that premise in Bates by stating, " here a defendant's misunderstanding is not induced by or attributed to representations made by the district attorney or the trial court, there are no grounds for withdrawal of the plea." Bates, 711 So.2d at 283.
Instead, we find the Louisiana Supreme Court's consideration of a similar argument in Lockwood, 399 So.2d 190, instructive. Lockwood argued that the trial court should have granted his motion to withdraw his guilty plea because he pled guilty based on the belief that he would receive probation and a suspended sentence. Lockwood, 399 So.2d at 192. His belief arose from his trial attorney's mistaken inference that the defendant, a sex offender, would be placed on probation if he submitted to psychiatric treatment and did not work with young people in the future. Id. The supreme court found no merit in Lockwood's argument, stating " he contention that both defendant and counsel were mistaken does not constitute reversible error or render the guilty plea not 'free and voluntary.'" Id. at 193.
In the instant matter, our review of the record reveals that the defendant was clearly informed of the maximum penalty for one count of aggravated second degree battery, that he could be subject to that maximum penalty, and that the State would not be making any recommendations regarding probation as part of the plea agreement. If the defendant or his counsel did misunderstand the agreement, the defendant has failed to demonstrate that either the prosecutor or the trial court induced his misunderstanding. Consequently, the trial court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea. This assignment has no merit.
DECREE
For the foregoing reasons, Roy D. Roe's conviction for one count of aggravated second degree battery in violation of La.R.S. 14:34.7 is affirmed, and the trial court is instructed to inform Roy D. Roe of the provisions of La.Code Crim.P. art. 930.8 by sending him appropriate written notice within ten days of the rendition of this opinion and to file written proof that Roy D. Roe received the notice in the record of the proceedings.
AFFIRMED. REMANDED WITH INSTRUCTIONS.
Page 1 2 3 4 5 6 7 Louisiana DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|