State v. HentonState v. Henton
On June 22, 1998, in Tallulah, Louisiana, defendant, Joseph Henton, and two others beat and robbed a pizza delivery man of money, shoes and his car. The beating resulted in the victim, a college student at the time, incurring permanent head and brain injuries. Defendant pled guilty to car jacking, a violation of
On January 19, 1999, the trial court sentenced defendant pursuant to the terms of the plea agreement. The court found the actions of defendant and the other parties involved to be particularly brutal. The trial court noted that defendant had an extensive criminal record and sentenced defendant to 18 years at hard labor without benefit. Defendant filed a motion to reconsider sentence, which was denied on March 21, 2001. This appeal followed.
Defendant‘s appointed counsel filed a brief and motion pursuant to State v. Jyles, 96-2669 (La.12/12/97), 704 So.2d 241, in
The record reflects that defendant agreed to a plea bargain that greatly reduced his sentencing exposure. Where a specific sentence or sentence cap has been agreed to as a consequence of a plea bargain, a sentence imposed within the agreed range cannot be appealed as excessive.
We have examined the record for error patent and have found none. The guilty plea was properly obtained and the sentence imposed is lawful and within the plea agreement.
Defendant‘s sentence is affirmed. Defendant‘s appellate counsel‘s motion to withdraw is granted.
AFFIRMED. MOTION TO WITHDRAW GRANTED.