589 So. 2d 56 | La. Ct. App. | 1991
The defendant, Ricardo A. Carmouche,
1. The trial court erred in denying defendant’s motion to withdraw his guilty plea.
2. The trial court erred in imposing an excessive sentence and in failing to comply with the sentencing guidelines of LSA-C.Cr.P. art. 894.1.
Assignment of error number two was not briefed on appeal and, therefore, is considered abandoned. Uniform Rules— Courts of Appeal, Rule 2-12.4.
Because there was no trial, the following information is derived from the combined hearing on the defendant’s motion for preliminary examination, motion to suppress, and motion for bond reduction which took place on March 15,1990. On November 24, 1989, the defendant and an accomplice, Edgar C. Isaac, robbed the victim, Cynthia Shill, in the parking lot of the Bocage Shopping Center. When Isaac and the defendant approached the victim, Isaac pulled a large caliber handgun and demanded the victim’s key and her purse. The victim complied. Isaac and the defendant fled the scene in the victim’s 1988 Nissan Sentra.
ASSIGNMENT OF ERROR NO. ONE:
In this assignment of error, the defendant contends that the trial court erred in denying his motion to withdraw his guilty plea. He also contends that the trial court should have conducted a hearing on the motion before denying it. This is the same alleged error and argument we considered and decided in KA 90 1374. We find it to be without merit for the reasons assigned. See opinion handed down this date.
For the reasons stated herein, we affirm the conviction and sentence of defendant.
CONVICTION AND SENTENCE AFFIRMED.
. Defendant is referred to as Ricardo A. Car-mouche, Ricardo Andre Carmouche and Ricardo Camouche. We have elected to use Ricardo A. Carmouche.