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State ex rel. Lane v. State

Supreme Court of Louisiana

March 31, 2017

STATE EX REL. JERXAVIER LANE
v.
STATE OF LOUISIANA

         ON SUPERVISORY WRITS TO THE FIRST JUDICIAL DISTRICT COURT, PARISH OF CADDO

          PER CURIAM

         Denied. 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 relief.

         STATE OF LOUISIANA

         v.

         JERXAVIER LANE

         No. 272, 097

August 28, 2015

         OPINION

          Honorable Katherine Clark Dorroh District Judge

         The 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.

         Petitioner 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.

         In his 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.

         When a 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 ...


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