State v. Womack, 2010 La. App. LEXIS 1507

Defendant Womack committed armed robbery at a Corner Store on Jan 10, 2001, using threats and a .22 pistol.
On Sep 12, 2001, Womack pled guilty under a plea agreement recommending a 30-year hard labor sentence.
Womack was sentenced to 30 years at hard labor with the first five years without parole, probation, or suspension.
On Nov 14, 2003, Womack filed a PCR alleging ineffective counsel and a non-voluntary plea due to a medical disorder; relief denied.
On May 28, 2009, Womack filed a PCR to correct an illegally lenient sentence; remanded for resentencing; resentenced to 30 years no parole.
Womack appeals, challenging the validity of his guilty plea and the sentencing process.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the guilty plea entered knowingly and voluntarily?	Womack	Womack	Yes; plea knowingly and voluntarily.
Did reliance on the plea agreement render the plea infirm?	Womack	Womack	No; recommendation was non-binding and not grounds to vacate.
Did failure to inform parole eligibility render the plea invalid?	Womack	Womack	No; parole ineligibility was not a material factor in pleading.

Boykin v. Alabama, 395 U.S. 238 (U.S. 1969) (requirement of knowing, voluntary waiver of rights)
State v. Myers, 978 So.2d 595 (La.App.2d Cir.2008) (triad of rights and manifest record of waiver)
State v. Morrison, 599 So.2d 455 (La.App.2d Cir.1992) (explicit, knowing waiver shown in record)
State ex rel. LaFleur v. Donnelly, 416 So.2d 82 (La.1982) (Plea infirmity when state breaches plea agreement)
State v. Hayes, 423 So.2d 1111 (La.1982) (parole eligibility can impact voluntariness of plea)
State v. Warren, 968 So.2d 909 (La.App.2d Cir.2007) (La.Crim.P. art. 556.1 variances not invalidating if rights unaffected)
State v. Honeycutt, 953 So.2d 914 (La.App.2d Cir.2007) (similar articulation of plea informality limits)
State v. Goins, 920 So.2d 38 (La.App.2d Cir.2006) (article 556.1 procedural variances not fatal if no substantial rights harmed)