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State v. Dadney

Court of Appeals of Louisiana, Fifth Circuit

December 16, 2014

STATE OF LOUISIANA
v.
JUSTIN J. DADNEY

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 11-5571, DIVISION "J" HONORABLE STEPHEN C. GREFER, JUDGE PRESIDING

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

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

JUSTIN J. DADNEY DEFENDANT/APPELLANT

Panel composed of Judges Fredericka Homberg Wicker, Marc E. Johnson, and Hans J. Liljeberg

FREDERICKS HOMBERG WICKER JUDGE

AFFIRMED

In this criminal proceeding, defendant appeals his guilty plea convictions for two counts of armed robbery in violation of La. R.S. 14:64 and one count of felon in possession of a firearm in violation of La. R.S. 14:95.1. For the following reasons, we affirm defendant's convictions and sentences.

STATEMENT OF THE CASE

On December 5, 2011, the Jefferson Parish District Attorney filed a bill of information charging defendant, Justin J. Dadney[1], with two counts of armed robbery of Luis Ponce (count one) and Cesar Turcios (count two) in violation of La. R.S. 14:64 and one count of being a felon in possession of a firearm in violation of La. R.S. 14:95.1 (count five).[2] Defendant was arraigned on January 11, 2012, and pled not guilty.[3]

On June 25, 2012, defendant withdrew his plea of not guilty and pled guilty as charged.[4] Defendant was sentenced to twenty-five years imprisonment at hard labor for each armed robbery charge and fifteen years imprisonment at hard labor for the felon in possession of a firearm charge. As a condition of the plea agreement, the state agreed not to charge defendant as a multiple offender.

On June 25, 2012, defendant wrote a pro se letter to the trial court requesting to withdraw his guilty plea.[5] On June 28, 2012, defense counsel filed a written motion to withdraw/set aside defendant's guilty plea. On August 14, 2012, the state filed a written opposition to defendant's motion to withdraw his guilty plea. On October 31, 2012, the trial court conducted a hearing on defendant's motion, which the trial court denied. On January 14, 2014, defendant timely filed an application for post-conviction relief, and the trial court granted defendant an out-of-time appeal.

FACTS

During the guilty plea colloquy, the state provided the following factual basis for the plea:

On or about October 15th, 2011, Jeau Anthony Torrence, Kentrell Robinson, Orlando McKnight, and Justin Dadney, all went to 2216 Williams Boulevard which is a strip mall wherein is located, The Perfection's Barber Shop. At approximately 9:30 P.m. [sic], at that time, Mr. Torrence, Robinson, and McKnight exited the vehicle while Mr. Dadney remained in the vehicle as a lookout. Those three gentlemen, entered the store. Each armed with a weapon or either a handgun or an ...

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