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State v. Torrence

Court of Appeal of Louisiana, Fifth Circuit

February 25, 2015

STATE OF LOUISIANA
v.
JEAU ANTHONY D. TORRENCE

Page 871

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

CONVICTIONS AND SENTENCES AFFIRMED; REMANDED FOR CORRECTION OF COMMITMENT.

PAUL D. CONNICK, JR., DISTRICT ATTORNEY, Twenty-Fourth Judicial District, Parish of Jefferson; TERRY M. BOUDREAUX, GAIL D. SCHLOSSER, RACHELL A. AFRICK, DAVID B. WHEELER, ASSISTANT DISTRICT ATTORNEYS, Gretna, Louisiana, COUNSEL FOR APPELLEE, STATE OF LOUISIANA.

MARGARET S. SOLLARS, ATTORNEY AT LAW, Louisiana Appellate Project, Thibodaux, Louisiana, COUNSEL FOR APPELLANT, JEAU ANTHONY D. TORRENCE.

Panel composed of Judges Susan M. Chehardy, Marc E. Johnson, and Robert M. Murphy.

OPINION

SUSAN M. CHEHARDY, J.

Page 872

[14-819 La.App. 5 Cir. 2] On appeal, defendant, Jeau Anthony D. Torrence, argues tat he was denied effective

Page 873

assistance of counsel by trial counsel's failure to enter a guilty plea pursuant to State v. Crosby, 338 So.2d 584 (La. 1976), and thereby reserve defendant's right to seek appellate review of the denial of his motion to suppress identification. For the reasons that follow, we affirm defendant's convictions and sentences.

PROCEDURAL HISTORY

On December 5, 2011, the Jefferson Parish District Attorney filed a bill of information charging defendant with two counts of armed robbery, violations of La. R.S. 14:64.[1] Defendant entered a plea of not guilty at arraignment. Defendant's pre-trial motion to suppress identification was denied by the trial court on April 4, 2012.

On June 25, 2012, defendant withdrew his plea of not guilty and pled guilty as charged to both counts. During the plea colloquy, the State provided the following factual basis for defendant's guilty plea:

On or about October 15, 2011 Jeau Anthony Torrence, Kentrell Robinson, Orlando McKnight and Justin Dadney all went to 2216 [14-819 La.App. 5 Cir. 3] Williams Boulevard which is a strip mall where...is located the Perfections Barber Shop at approximately 9:30 p.m. [A]t that time Mr. Torrence, Robinson, 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, either a handgun or an assault [rifle]. At that time they took money from the two victims in this case as well as an Xbox from inside the store. Mr. Dadney during the course of the robbery exited the truck that they arrived at the scene in, to warn the other three that the police were on their way. At that time, all four fled, they were apprehended shortly thereafter and excepting Mr. McKnight who made good his escape that evening but was apprehended the following morning. Thus completing the offense of the 14:64.

Defendant was sentenced to a term of fifteen years at hard labor on each count without benefit of parole or suspension of sentence, to be served concurrently.[2] On June 20, 2014, defendant filed an application for post-conviction ...


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