167 So. 3d 82
La. Ct. App.2014Background
- Information charged Boston with possession of a firearm by a convicted felon in Jefferson Parish; he pled not guilty March 23, 2011 and later pled guilty July 26, 2012; sentencing followed August 2, 2012 to 20 years at hard labor; defendant moved to withdraw plea and pursue trial but was denied; post-conviction and out-of-time appeal proceedings occurred culminating in appellate review; record references weapon found at 16 McGehee Court and prior felony convictions; defendant acknowledged identity and prior felony status in the plea colloquy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of motion to withdraw guilty plea | State argues plea was knowing and voluntary; multiple offender status disclosed. | Boston contends plea was not knowingly entered due to counsel's failure and unclear multiple offender status. | Affirmed; plea found knowing and voluntary; insufficient record on ineffective-assistance claim. |
Key Cases Cited
- State v. McCoil, 924 So.2d 1120 (La.App. 5 Cir. 2006) (appeal after sentencing may challenge infirm plea; standard)
- State v. Kron, 983 So.2d 117 (La.App. 5 Cir. 2008) (voluntariness of plea; not reversed without clear record)
- State v. Taylor, 887 So.2d 589 (La.App. 5 Cir. 2004) (ineffective assistance claims generally raised in post-conviction relief)
- State v. Oliveaux, 312 So.2d 337 (La.1975) (errors patent review procedure)
- State v. McGee, 24 So.3d 235 (La.App. 5 Cir. 2009) (illegally lenient sentence for indigent defendant; caution against disturbing final sentences)