264 So. 3d 593
La. Ct. App.2019Background
- Kevin Johnson was charged with possession of a firearm by a convicted felon (La. R.S. 14:95.1) and aggravated criminal damage to property (La. R.S. 14:55) arising from acts on May 3, 2013.
- Johnson pleaded not guilty at arraignment, then withdrew that plea and pled guilty on July 16, 2014; the court accepted his pleas and imposed concurrent hard‑labor sentences and fines consistent with the plea agreement.
- After sentencing, Johnson retained new counsel and moved to withdraw his guilty pleas, alleging trial counsel was ineffective for failing to investigate witnesses and defenses; an eyewitness (Selena Collins) submitted an affidavit recanting her identification.
- The trial court denied the motion to withdraw; Johnson later filed an application for post‑conviction relief alleging ineffective assistance of counsel and was granted an out‑of‑time appeal.
- The appellate record contained only the plea colloquy transcript and the bill of information; no full trial‑record evidentiary development of the ineffective‑assistance claims was available.
- The court affirmed convictions and sentences, finding the plea colloquy and waiver form established the pleas were knowingly, freely, and voluntarily entered, and directing ineffective‑assistance claims to post‑conviction proceedings where the record can be developed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in denying motion to withdraw guilty pleas | Johnson seeks withdrawal based on alleged ineffective assistance and recanted eyewitness ID | Trial court relied on plea colloquy and waiver showing voluntary pleas | Denial affirmed; plea was voluntary on the record |
| Whether pleas were knowingly and voluntarily entered | N/A (court had to assess voluntariness) | Johnson contends counsel's failures rendered plea unknowing and involuntary | Court found Boykin colloquy and waiver form adequate; pleas voluntary |
| Whether ineffective assistance of counsel vitiated the guilty pleas | N/A | Counsel failed to investigate witnesses, would have led Johnson to go to trial (Hill standard) | Record insufficient to resolve ineffective‑assistance claim on direct appeal; remand to post‑conviction relief for evidentiary development |
| Whether any patent errors exist in the record | State: review for errors patent | Defendant: none raised to alter outcome | No errors patent found |
Key Cases Cited
- State v. Counterman, 475 So.2d 336 (La. 1985) (authority for granting out‑of‑time appeal/post‑conviction procedures)
- Boykin v. Alabama, 395 U.S. 238 (1969) (requirements for plea voluntariness colloquy)
- Strickland v. Washington, 466 U.S. 668 (1984) (standard for ineffective assistance of counsel)
- Hill v. Lockhart, 474 U.S. 52 (1985) (prejudice standard when ineffective assistance leads to guilty plea)
- Tollett v. Henderson, 411 U.S. 258 (1973) (guilty plea waives antecedent nonjurisdictional defects)
- State v. Starks, 812 So.2d 638 (La. 2002) (guilty plea effect on appellate review of prior defects)