from the Second Judicial District Court for the Parish of
Claiborne, Louisiana Trial Court No. 28, 571 Honorable
Jenifer Ward Clason, Judge
LOUISIANA APPELLATE PROJECT Carey J. Ellis, III Counsel for
W. NEWELL District Attorney Counsel for Appellee
C. CARROLL CARY T. BROWN Assistant District Attorneys
BROWN, GARRETT, and BLEICH (Pro Tempore), JJ.
Robert Richter, pursuant to a plea bargain agreement, entered
a Crosby plea to contributing to the delinquency of
a juvenile, a violation of La. R.S. 14:92(A)(7). As agreed,
he was sentenced to serve two years' imprisonment at hard
labor, suspended, five years' supervised probation, and a
fine of $1, 000 or serve six months' default time in the
parish jail. The trial court applied time served (August 2011
to February 2012) to the default time. Defendant appeals,
arguing that the state did not timely bring him to trial. For
the following reasons, defendant's conviction and
sentence are affirmed.
13, 2011, defendant, Robert Richter, was charged by
indictment with aggravated incest, a violation of La. R.S.
14:78.1. On November 19, 2013, defendant filed a
motion to quash the indictment, arguing that the state failed
to commence trial within the delays established by La.C.Cr.P.
art. 578(2). The state opposed the motion, asserting that the
time limit was suspended when the defense either moved to
continue the trial of this matter or joined the state in
continuing the trial.
motion to quash came before the trial court for hearing on
July 8, 2014. The parties agreed to stipulate as to what
defense attorney H. Paul Garner's testimony would be, but
the state did not agree to stipulate to the veracity of the
testimony. Defendant argued that he did not file any motions
that would have suspended the running of the time delay, and
attorney Garner specifically did not seek a continuance of
According to defendant, on three occasions, the defense was
prepared for trial but the state was unprepared. The state
denied defendant's assertions that it was unprepared for
trial on multiple occasions, urging that Attorney Garner was
unavailable for trial on at least one occasion, March 11,
2013, and defendant was not present on May 8, 2013.
Defendant's motion to quash was denied.
5, 2015, the trial court accepted defendant's guilty plea
to the responsive verdict of contributing to the delinquency
of a juvenile, in violation of La. R.S. 14:92(A)(7), with an
agreed-upon sentence. Defendant's guilty plea was made
pursuant to State v. Crosby, 338 So.2d 584 (La.
1976), which reserved his right to appeal the trial
court's denial of his motion to quash the indictment. On
November 3, 2015, defendant filed a motion to appeal.
However, the record reflected that defendant was never
sentenced subsequent to the trial court's acceptance of
his guilty plea. As such, the matter was remanded to the
trial court for sentencing.
April 18, 2016, defendant was sentenced in accordance with
the agreement to serve two years' imprisonment at hard
labor, suspended, five years' supervised probation, and
pay a fine of $1, 000 or, in default thereof, serve six
months in the parish jail. The trial court indicated that
defendant's time served, August 6, ...