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State v. Jaufre

Court of Appeal of Louisiana, Fifth Circuit

October 29, 2014

STATE OF LOUISIANA
v.
RYAN JAUFRE

Editorial Note:

This Decision is not final until expiration of the fourteen day rehearing period.

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA. NO. 11-2248, DIVISION " B" . HONORABLE CORNELIUS E. REGAN, JUDGE PRESIDING.

PAUL D. CONNICK, JR., DISTRICT ATTORNEY, Twenty-Fourth Judicial District, Parish of Jefferson, TERRY M. BOUDREAUX, ASSISTANT DISTRICT ATTORNEY, Gretna, Louisiana, COUNSEL FOR PLAINTIFF/APPELLEE.

FREDERICK J. KROENKE, JR., ATTORNEY AT LAW, Louisiana Appellate Project, Baton Rouge, Louisiana, COUNSEL FOR DEFENDANT/APPELLANT.

Panel composed of Judges Fredericka Homberg Wicker, Marc E. Johnson, and Robert A. Chaisson.

OPINION

MARC E. JOHNSON, J.

[14-259 La.App. 5 Cir. 2] Defendant, Ryan Jaufre, appeals his conviction and sentence for armed robbery from the 24th Judicial District Court, Division " B" . For the following reasons, we affirm Defendant's conviction and sentence and remand the matter for correction of the Uniform Commitment Order. Additionally, we grant appellate counsel's motion to withdraw.

Page 889

FACTS AND PROCEDURAL HISTORY

On May 24, 2011, Defendant was charged by bill of information by the Jefferson Parish District Attorney with two counts of armed robbery, violations of La. R.S. 14:64.[1] Defendant pleaded not guilty to both counts at his arraignment on May 25, 2011. On February 28, 2012, the State entered a nolle prosequi as to count one.

On February 29, 2012, Defendant filed a Motion for Competency Examination. A hearing was held on Defendant's motion on March 28, 2012, after [14-259 La.App. 5 Cir. 3] which the trial court found Defendant competent to stand trial. Subsequent to the hearing, the trial court denied Defendant's request to change his plea from not guilty to " not guilty and not guilty by reason of insanity" until additional information was provided to support Defendant's request. Having failed to present sufficient evidence of a mental disease or defect, on April 9, 2012, the trial court denied Defendant's request to change his plea.

On June 11, 2012, Defendant withdrew his not guilty plea and pleaded guilty to one count of armed robbery. Defendant was then sentenced in accordance with the plea agreement to twenty-five years imprisonment at hard labor, to be served without benefit of probation, parole, or suspension of sentence. The trial court further ordered Defendant's sentence to run concurrent with the parole violation sentence Defendant was serving at that time.

Since Defendant pleaded guilty, the facts surrounding the offense were not fully developed at trial; however, during the plea colloquy the State provided a factual basis for Defendant's plea. The State alleged that on April 2, 2011, Defendant and his co-defendant, Zachary Runnels, robbed John ...


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