State Of Louisiana VS Tony E. Massie
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2009 KA 1228 STATE OF LOUISIANA VERSUS TONY E MASSIE Judgment Rendered December 23 2009 r APPEALED FROM THE TWENTY SECOND JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF ST TAMMANY DOCKET NUMBER 444802 DIVISION G STATE OF LOUISIANA THE HONORABLE WILLIAM J CRAIN JUDGE for Walter P Reed Attorneys District State of Louisiana Attorney Covington Louisiana Appellee and Kathryn W Landry Special Appeals Counsel Baton Rouge Louisiana Mary E Roper Louisiana Baton Appellate Project Attorney for Defendant Appellant Tony E Massie Rouge Louisiana BEFORE 1t P19 J P ARRO KUHN AND McDONALD JJ J a PA lLlfs McDONALD J The defendant simple escape plea of not violation of La R S a without the benefit of consecutively with filed habitual offender defendant the to validity of his habitual offender The defendant probation parole The trial years or For the and adjudication initially entered and pled guilty imprisonment adjudicated original sentence following as hard labor After the was The defendant at a of sentence to be served currently serving was vacated the imprisonment plea suspension the defendant court guilty plea five years to any other sentence he I forty charged by bill of information with 14 110 sentenced was habitual offender bill a was The defendant later withdrew his guilty The defendant charged Massie E Tony we fourth felony and sentenced the appeals challenging now reasons a state affirm the conviction sentence STATEMENT OF FACTS The defendant entered therefore not transcript the St a fully developed on or about August guilty plea in the instant According to case and the facts the bill of information and 20 2007 the defendant were Boykin intentionally departed from Tammany Parish jail in Covington ASSIGNMENT OF ERROR In the sole in failing valid be I to assignment of error the defendant require him to verbally enter a guilty plea before accepting The defendant contends that while the ready to enter The defendant s a guilty plea predicate District Court Docket the convictions transcript does set forth for not as shows that he contain follows a his plea as appeared to response from the under the 22nd Judicial attempted simple robbery a violation of La RS 14 27 and Wayne County Court Michigan Docket 90 3757 for unlawful driving under Wayne County 413 750 away of an automobile a violation of Michigan Penal Code S COUli Docket 02 13897 for unlawful driving away of an automobile a violation of Michigan Penal Code S 413 750 under Wayne County Court Docket 02 13897 for third degree fleeing a officer a violation of Michigan Penal Code S 413 750 sic under Wayne County police Court Docket 81 172538 for third degree criminal sexual conduct a violation of Michigan b reaking and Penal Code S 750 520 under Wayne County Court Docket 83 379877 for e ntering with i ntent a violation of Michigan Penal Code 110 750 S La RS 413841 transcript were argues that the trial court erred 14 65 under 2 defendant when the trial asked him how he court defendant concludes that the absence of renders the trial In court felony a art 556 1 D waived to Boykin by the accused the are confront right one s to a Bell 2000 court to prior to accepting a guilty plea Once p 5 plea is App 5th Cir La to be found and therefore should be afforded a La great 1st Cir App Here the defendant did not file made no showing that his plea Including the defendant there proceeding and they of the were Boykin proceeding agreed that he coerced him court were measure a motion to of finality sober infirm State withdraw his individuals two writ 847 conviction a v State Thornton to read counsel At the not contest The defendant confirmed that he had was 3 a own at the Boykin commencement General write and understand appearing of his would be and that he guilty plea and has entering pleas the defendant stated that he had was guilty plea anything other than free and voluntary represented by separate The defendant does sentence be by Boykin a is guilty plea Equivalency The English free will and no one had and the record shows that the trial thoroughly advised him of his constitutional rights what his out 781 So 2d 843 A The defendant confirmed that he understood those them spelled must writ denied 530 So 2d 85 La 1988 was Diploma and confinned his ability defendant As rights that constitutionally 2 28 01 813 So 2d 1098 600 three defendant has been sentenced a denied 2001 0776 La 4 26 02 521 So 2d 598 23 L Ed 2d 274 89 S Ct 1709 enumerate expressly at La Code Crim P nolo contendere or proceedings jury trial the right against self incrimination and the right accusers 084 of guilty plea a may not be withdrawn unless the v erroneous Alabama 395 U S 238 v requires the trial 1969 these enters plead guilty to verbatim record shall be made of the a The charge the verbalization of intent acceptance of the plea s case which the defendant a to pled a as set forth in rights and wished Boykin to discussion with his counsel satisfied with his representation waive as to The defense counsel and knowingly intelligently a when asked if he felt that the defendant responded positively his voluntarily withdrawing and guilty plea was tendering plea of guilty The portion defendant how he of a transcript where the trial judge specifically asked the of the pleads contains a follow up by the defendant The transcript response statement appears as by judge the trial in lieu follows THE COURT Mr Massie plead with reference how do you to the simple charge escape MR MASSIE Let the Record reflect that the Court feels that each of these defendants understand the respective crimes a factual The pleas were freely and voluntarily nature basis has been established of their made therefore I accept them I Again am going with Mr Massie to start Let the Record reflect that Mr Massie is present in Court with counsel withdrawn his not guilty plea and entered a plea of guilty On 1 st Cir appeal the defendant 1983 in which this plea of guilty and thus it other statement cites State court was error for the trial admitting criminal activity 439 So 2d transcript at 649 here is in particularly following pleading Nonetheless defendant entered express 439 So 2d 646 as judge a response to a This error case is the trial guilty plea court court was as a The defendant did 4 guilty response case not a the It is by if No sir apparent that the defendant how the defendant to repeatedly stated acceptance of his guilty plea not enter In that highly distinguishable question s App by the defendant when asked in that it is devoid of the trial La consider the defendant s guilty plea pleading guilty and again when asked if he was Swanson the Swanson held that the defendant therein did Boykin transcript contains the following he v He has was for the record that the object to the trial court s We find that the record reflects defendant s rights and compliance taking of voluntary guilty pleas defendant while rights Therefore validity of the a knowing and voluntary waiver of the with the constitutional Based on the Boykin transcript and represented by counsel knowingly we find no merit to the defendant guilty plea and the plea CONVICTION requirements s in its intelligently for the entirety the waived his arguments pertaining to the will not be set aside HABITUAL OFFENDER SENTENCE AFFIRMED 5 ADJUDICATION AND
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