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State v. Carto

Court of Appeal of Louisiana, Fifth Circuit

January 14, 2015

STATE OF LOUISIANA
v.
TIMON CARTO

Page 837

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA. NO. 10-6329, DIVISION " B" . HONORABLE CORNELIUS E. REGAN, JUDGE PRESIDING.

PAUL D. CONNICK, JR., DISTRICT ATTORNEY, TERRY M. BOUDREAUX, MATTHEW CAPLAN, JEROME G. SMITH, III, ASSISTANT DISTRICT ATTORNEYS, Gretna, Louisiana, COUNSEL FOR PLAINTIFF/APPELLEE.

MARGARET S. SOLLARS, ATTORNEY AT LAW, Louisiana Appellate Project, Thibodaux, Louisiana, COUNSEL FOR DEFENDANT/APPELLANT.

Panel composed of Judges Fredericka Homberg Wicker, Jude G. Gravois, and Hans J. Liljeberg.

OPINION

Page 838

FREDERICKA HOMBERG WICKER, Judge.

[14-736 La.App. 5 Cir. 2] In this criminal appeal, defendant claims that he was denied his constitutional right to effective assistance of counsel at the trial level in connection with his guilty plea to armed robbery in violation of La. R.S. 14:64. Defendant claims that his trial counsel was ineffective for failing to reserve defendant's right to appeal the trial court's denial of his motion to suppress his statement, pursuant to State v. Crosby.[1] For the following reasons, we find defendant has failed to meet his burden to prove ineffective assistance of counsel. Accordingly, defendant's conviction and sentence are affirmed.

STATEMENT OF THE CASE

On April 7, 2011, a Jefferson Parish Grand Jury returned an indictment charging defendant, Timon Carto, with second degree murder of Jose Guevara in [14-736 La.App. 5 Cir. 3] violation of La. R.S. 14:30.1.[2] On April 11, 2011, defendant was arraigned and pled not guilty. Defendant filed a pre-trial motion to suppress his statement, which the trial court denied.[3] On August 9, 2012, defendant withdrew his not guilty plea and tendered a plea of guilty to an amended charge of armed robbery in violation of La. R.S. 14:64. The trial judge sentenced defendant to twenty-five years at hard labor without the benefit of probation, parole, or suspension of sentence. Defendant did not file a timely appeal.

On July 14, 2014, defendant filed an application for post-conviction relief requesting an out-of-time appeal, which the trial court granted on August 14, 2014.

FACTS

Defendant pled guilty without proceeding to trial. Accordingly, the facts in this case are derived from the bill of indictment, the factual basis for the plea provided by the state during the ...


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