STATE EX REL. JERXAVIER LANE
STATE OF LOUISIANA
SUPERVISORY WRITS TO THE FIRST JUDICIAL DISTRICT COURT,
PARISH OF CADDO
Relator has exhausted his right to state collateral review.
See State ex rel. Lane v. State, 16-2217 (La.
1/23/17), 209 So.3d 87. We attach hereto and make a part
hereof the district court's written reasons denying
August 28, 2015
Honorable Katherine Clark Dorroh District Judge
Court has for its consideration Petitioner's Motion to
Withdraw Guilty Plea filed on July 2, 2015. For the reasons
stated below the Petitioner's motion is DENIED.
was charged with an indictment for Second Degree Murder. On
June 14, 2011, the State filed an amended indictment of
manslaughter, to which Petitioner pled guilty. The Court
informed Petitioner of his rights as per Boykin and sentenced
him to forty (40) years at hard labor and he was committed to
the Louisiana Department of Corrections, subject to the;
conditions provided by law.
motion, Petitioner alleges violations of his constitutional
rights. These violations are: (1) The Court abused its
discretion when sentencing him; (2) The Court, counsel, and
DA refused to raise the question of his mental health; (3)
The indictment was not endorsed by a true bill; (4) the plea
colloquy was inadequate; (5) The Court and counsel wrongfully
influenced him into pleading guilty; (6) The DA failed to
commence the trial within a two year limitation; (7) The DA
withheld evidence concerning guilt or innocence; and (8) The
plea was made involuntarily and unintelligently.
defendant enters an unreserved plea of guilty, he waives his
rights to attack the strength of the State's case and any
non-jurisdictional defects in the State's case. State
v. Crosby,338 So.2d 584, (La. 1976); State v.
Burnett, 33, 739 (La.App. 2d Cir. 10/4/00), 768 So.2d
822. The plea of guilty by its nature admits factual guilt
and relieves the State of the necessity of proving it by a
contested trial. State v. Buggs,567 So.2d 744,
(La.App. 2d Cir. 1990); State v. Hardy, 39, 233,
'(La.App. 2d Cir. 1/26/05), 892 So.2d 710, 712. By
pleading guilty, therefore, Petitioner has waived his right
to complain about any portion of the State's case against
him is obligated to ascertain the substance of the pleading.
Adams v. Parish 43, 047, 6 (La.App.2d Cir. 3/19/08)
978 So.2d 1202, 1207; Smith v. Cajim Insulation,
Inc.,392 So.2d 398 (La. 1980); Ford ...