State Of Louisiana VS Mark Perkins
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2013 KA 0314 STATE OF LOUISIANA I ll VERSUS MARK PERKINS DATE OF JUDGMENT NOV 0 1 2013 ON APPEAL FROM THE TWENTY JUDICIAL DISTRICT COURT THIRD NLIMBER 25266 DIV C PARISH OF ASCENSION STATE OF LOUISIANA HONORABLE GUY HOLDRIDGE JUDGE Ricky L Babin District Attorney Counsel for Appellee State of Louisiana Donald D Candell Gonzales Louisiana Prentice L White Counsel for Defendant Appellant Baton Mark Perkins Rouge Louisiana x BEFORE KiJHN HIGGINBOTI AND TIJJ AM RIOT Disposifion CONVICTIONS AND SE AFFII2MED ITENCES IN KiJI J Defendant Mark Perkins was charged by bill of information with attempted second degree murder a violation of La R 14 and 1430 Defendant pled S 27 1 not guilty and waived his right to a jury trial Defendant filed a motion to quash the bill of information which was denied Following the direct examination of the first witness at the bench trial he State amended its charge from attempted second degree murder to aggravated criminal damage to property a violation of La R S 55 14 Defendant withdrew his not guilty plea and pled guilty to the amended charge He also pled guilty to illegal possession of stolen firearms a violation of La R 14 and possession of cocaine a violation of La R 40 For S 69 1 S 967 C the aggravated criminal damage to property conviction defendant was sentenced to seven and one years imprisonment at hard labor for the illegai possession of half stolen firearms conviction he was sentenced to five years imprisonment at hard labor for the possession of cocaine conviction he was sentenced to five years imprisonment at hard labar The sentences were ardered to run concurrently Defendant now appeals designating one assignment of error We affirm the convictions and sentences FACTS The following facts were adduced at the Boykin hearing On or about April 30 2009 Parish of Ascension detectives with the Ascension Parish Sheriff Office responded to Conner Road s in reference to a shooting Upon anival detectives met with Charlene Chester who stated she went to her boyfriend Mark Perkins home s in order to retrieve a CD player out of her vehicle Chester stated Perkins began accusing 1 of having an affair Chester stated that er she then left the residence at which time Perkins ran through several yards catching up with the vehicle and shot at and hit her vehicle several times Search of Perkins home was conducted and s detectives located crack cocaine and a digital scale Perkins was not located A warrant was issued for Perkins arrest and he turned s himself in on May l 2009 On or about March 28 2008 Parish of Ascension deputies from the Ascension Parish Sheriff Office were investigating a s 2 complaint of shots fired During the investigation deputies observed a blue Buick in the area The driver later identified as Mark Perkins sped up and spun the tires down the street Detectives located the vehicle parked by a driveway Deputies spoke to Perkins and while speaking to the detectives they noticed a chrome 357 magnum with a brown handle lying in the ditch The gun was reported stolen from East Baton Rouge Parish Perkins was then arrested and booked into the Ascension Parish jail ASSIGNMENT OF ERROR In his sole assignment of error defendant asserts the trial court erred in denying his pro se motion to quash the bill of information When defendant changed his not guilty plea to a guilty plea to an amended charge of aggravated criminal damage to property defendant also pled guilty to possession of cocaine and illegal possession of stolen firearms Defendant contends the motion to quash should have been granted because these two additional offenses he pled guilty to were not listed on any bill of information It is well settled that enhy of an unqualified plea of guilty waives all non jurisdictional defects occurring prior theretq and precludes review thereof either by appeal or where appeal is unavailable by supervisory review In State u Crosby 338 So 584 588 La 1976 the Louisiana Supreme Court held that 2d where a defendant at the time of entering a guilty plea expressly stipulates that he does not waive his right to the review of a nonjurisdictional pre ruling the plea court will review that ruling State v Moore 420 So 1099 1100 La 1982 2d But in the instant matter defendant did not enter any of his tl guilty pleas ree pursuantto Crosby At the Boykin hearing defendant specifically informed the trial court he was not appealing any ruling Q Do you wish to appeal any rulings or orders entered by this court priar to your guilty plea A No sir 3 Accordingly we find defendant waived his right of review of non jurisdictional defects including the denial of his motion to quash when he entered his unqualified plea to a reduced charge See Moore 420 So at 1100 2d Moreover defendant spro se motion to quash attacked the sufficiency of the evidence of the charges against him which goes to the merits of the case Because such issues were factual matters that related to the merits ofthe case they were not properly raised in a motion to quash Accordingly the trial court properly denied s defendant motion to quash See La C arts 532 State y Byrd 96 P Cr 34 2302 La 3 708 So 401 411 cert denied 525 U 876 119 S 179 142 98 13 2d S Ct 2d Ed L 146 1998 Further to the extent that in his brief defendant is contending something other than to did not appear on sufficieney e ithe two additional offenses he pled guilty any bills of information the issue is not properly before us because it was not preserved for review in the trial court below See La C P Cr art 841 A The failure to preserve the issue notwithstanding we address defendant s contention that the charges he pled guilty to did not appear on bills of information The record before us indicates the Staxe filed a bill of information Docket No 25266 charging defendant with attempted second degree murder Prior to trial defendant filed a pro se motion to quash referencing docket numbers 25266 7 Below these docket numbers defendant listed the offenses he was charged with as attempted second degree murder aggravated criminal damage illegal use of a weapon and possession of a controlled substance In his pro se motion defendant maintains that the bill of information should be quashed and the charges against him dismissed because there is insufficient evidence to prove any ofthese charges Following a hearing on the matter the trial court denied the pro se motion to quash 4 At trial following the direct examination of the first witness the trial court took a recess When the parties returned defendant agreed to withdraw his not guilry plea and plead guilty in exchange for the State amending the second s degree murder charge to aggravated criminal damage to property Defendant also agreed to plead guilty to two other charges pending against him The State also agreed not to file a habitual offender bill of information against defendant At the Boykin examination which then followed defendant was informed of each of the charges against him the elements of each crime the factual bases for the crimes and the sentences he would be receiving Defendant was fully informed of his rights by the trial court and voluntarily and knowingly waived his right against incrimination self his right to a jury trial and his right to confrontation See Boykin v Alabama 395 U 238 89 S 1709 23 L 274 1969 State v S Ct 2d Ed Fields 95 La App 1 st Cir 12 686 So 107 109 2481 96 20 2d The following exchange indicates defendant was informed of each charge against him and the corresponding docket number when he pled guilty TI CLERK State ofLouisiana versus Mar Perkins 25037 you are charged k with illegal possession of stolen firearms How do you plead THE DEFENDANT Guilty THE CLERK You are also charged under pocket No 25266 with aggravated criminal damage to property How do you plead THE DEFENDANT Guilty 5 THE CLERK You are charged with Docket No 25267 with possession of a Schedule II controlled dangerous substance How do you plead THE DEFENDANT Guilty When sentenced at the Boykin hearing defendant was again informed of each of the bills of information his convictions were based upon The Court accepts your plea and the plea bargain and it is the sentence of the Court that you be committed to the Department of Corrections for time served a period on case No of seven 25266 and a five half years with credit for years in the Departrnent of Corrections with credit for time served on case No 25267 five years in the Department of Corrections with credit for time served on case No 25037 The record further indicates defendant and defense counsel signed a waiver of rights form Mr Perkins P11 ask that you and your attorney sign this form acknowledging that you have been advised of all of your constitutional rights that you waive your constitutional rights and ve you been advised of the plea bargain that you are in fact in agreement with this plea bargain WHEREUPON THE DEFENSE DEFENDANT COUNSEL COMPLY WITH TI REQUEST OF THE COURT We note as well that about six months prior to his trial defense counsel filed on behalf of defendant a motion and order far preliminary examination In the caption defense counsel listed five separate docket numbers regarding defendant including numbers 25037 25266 and 25267 Accordingly it is clear defendant was at all times well aware of the bills of information that had been filed and the charges the State had brought against him Finally we note that by request of this court the appellate record has been supplemented with the bills of information for illegal possession of stolen firearms Docket No 25037 and possession of cocaine Docket No 25267 both of which 6 clearly indicate the charges against defendant The record has also been supplemented with the waiver of rights form signed by defendant and defense counsel at the aforementioned Boykin hearing The waiver of rights form lists the three crimes defendant was charged with and their corresponding docket numbers Defendant initialed and signed the form indicating that he had been advised of his rights and that he was pleading guilty to all three charges against him The assignment of error is without merit DECREE For these reasons we affirm the convictions and sentences of defendant Mark Perkins CONVICTIONS AND SENTENCES AFFIRMED 7
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