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State v. Boston

Court of Appeals of Louisiana, Fifth Circuit

December 16, 2014

STATE OF LOUISIANA
v.
AARON BOSTON

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 11-1005, DIVISION "M" HONORABLE HENRY G. SULLIVAN, JR., JUDGE PRESIDING

PAUL D. CONNICK, JR.DISTRICT ATTORNEY Twenty-Fourth Judicial District Parish of Jefferson

TERRY M. BOUDREAUX ANDREA F. LONG ASSISTANT DISTRICT ATTORNEYS COUNSEL FOR PLAINTIFF/APPELLEE

BRUCE G. WHITTAKER ATTORNEY AT LAW COUNSEL FOR DEFENDANT/APPELLANT

Panel composed of Judges Jude G. Gravois, Robert M. Murphy, and Stephen J. Windhorst

JUDE G. GRAVOIS JUDGE

Defendant, Aaron Boston, appeals his conviction and sentence for possession of a firearm by a convicted felon. He argues that the trial court erred in denying his motion to withdraw his guilty plea. For the reasons that follow, we affirm defendant's conviction and sentence.

PROCEDURAL HISTORY

On March 21, 2011, the Jefferson Parish District Attorney filed a bill of information charging defendant, Aaron Boston a.k.a. Aaron Roussell, with possession of a firearm by a convicted felon, in violation of La. R.S. 14:95.1. Defendant was arraigned on March 23, 2011 and pled not guilty. On July 26, 2012, defendant withdrew his not guilty plea and pled guilty as charged. On August 2, 2012, defendant made an oral motion to withdraw his guilty plea that was denied. Afterwards, the trial judge sentenced defendant to imprisonment at hard labor for a term of twenty years.

On August 22, 2012, defendant filed a pro se motion for reconsideration of sentence that was denied. On October 12, 2012, defendant filed a pro se "Motion to Amend or Modify Sentence, C.Cr.P. art: 822" that was denied. Defendant subsequently filed an application for post-conviction relief on April 8, 2013, which was denied on November 18, 2013. He then filed a writ application in this Court challenging the trial judge's denial of his application for post-conviction relief. This Court granted defendant's writ application for the limited purpose of vacating the order denying his application for post-conviction relief and transferring the writ application to the trial court for consideration as an application for post-conviction relief seeking an out-of-time appeal. State v. Boston, 14-KH-159 (La.App. 5 Cir. 3/20/14) (unpublished writ disposition). In response, on April 17, 2014, the trial court granted defendant an out-of-time appeal.

FACTS

Because defendant pled guilty, the facts of his case were not fully developed at a trial. However, the State alleged in the bill of information that on or about February 1, 2011, in Jefferson Parish, defendant violated La. R.S. 14:95.1, convicted felon in possession of a firearm, to wit: a Glock .45 Caliber, Model 12 firearm, located at 16 McGehee Court in Waggaman, Louisiana, after having been previously convicted in Case No. 06-2411, Division "C" of the 24th Judicial District Court for the Parish of Jefferson, State of Louisiana, on June 4, 2009, for violations of La. R.S. 40:966(A) (possession with intent to distribute marijuana) and La. R.S. 40:967(A) (possession with intent to distribute cocaine).

Also, during the guilty plea colloquy, defendant admitted that the weapon in question was found at 16 McGehee[1] Court and that he was in that location at the time the weapon was found, leading to his arrest. He also admitted that he was the same individual who was previously convicted on June 4, 2009 of possession with intent to distribute marijuana and cocaine. Additionally, the State said that if the matter had gone to trial, it would have proven beyond a reasonable doubt that defendant ...


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