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State v. Kruebbe

Court of Appeals of Louisiana, Fifth Circuit

April 11, 2018

STATE OF LOUISIANA
v.
JEFFREY T. KRUEBBE

          ON APPLICATION FOR SUPERVISORY REVIEW FROM THE SECOND PARISH COURT, PARISH OF JEFFERSON STATE OF LOUISIANA NO. S1285600, DIVISION "B" HONORABLE RAYLYN R. BEEVERS AND HONORABLE MICHAEL G. FANNING, JUDGE PRESIDING

          COUNSEL FOR PLAINTIFF/RESPONDENT, STATE OF LOUISIANA Paul D. Connick, Jr. Terry M. Boudreaux Darren A. Allemand

          COUNSEL FOR DEFENDANT/RELATOR, JEFFREY T. KRUEBBE In Proper Person

          COUNSEL FOR PLAINTIFF/RESPONDENT, LOUISIANA DEPARTMENT OF JUSTICE Jeffrey M. Landry Colin Clark David G. Sanders

          Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and Hans J. Liljeberg

          FREDERICKA HOMBERG WICKER JUDGE

         In this pro se writ application, relator, Jeffrey Kruebbe, seeks review of his conviction and sentence for misdemeanor theft in violation of La. R.S. 14:67. For the following reasons, relator's conviction and sentence are affirmed. However, we grant this writ for the limited purpose to remand this matter to the trial court for correction of the minute entry to comport with the plea as reflected in the transcript.

         Procedural History

         On March 12, 2015, the Jefferson Parish District Attorney's office filed a bill of information in Second Parish Court for the Parish of Jefferson, charging defendant with one count of theft under $500.00 in violation of La. R.S. 14:67. The State alleged that defendant committed theft of under $500.00 cash money from Genuine Parts Company d/b/a National Automotive Parts Association ("NAPA"), defendant's former employer, between January 21, 2015, and February 6, 2015.

         Defendant filed numerous motions in both state and federal court. On December 11, 2015, in Second Parish Court, defendant filed a "Pro Se Motion to Dismiss Plaintiff's Complaint and/or Motion to Transfer Venue Under 28 U.S.C. § 1446(a)."[1] In his motion, defendant alleged multiple due process violations, including a coerced confession, defective service of process, and a judge who could not be impartial. The trial court denied defendant's motion to dismiss on December 14, 2015.[2]

          On June 14, 2016, the Jefferson Parish District Attorney filed an Application for Sanity Commission in the trial court, based upon an email defendant wrote to an assistant district attorney, in which defendant claimed that his "friend [who] wrote the brief for me" was "targeted and harassed and basically killed/ murdered by Gail Benson, Angela Hill and Sean Payton." The trial court granted the motion, staying the trial until a hearing regarding defendant's mental competency could be held.

         On October 19, 2016, defendant filed a motion to declare the Judicial Expense Fund unconstitutional, and a pro se motion to dismiss his criminal case.[3]On November 2, 2016, the trial court denied defendant's motion to declare the fund unconstitutional. On November 3, 2016, the district attorney filed a motion to strike pro se pleadings filed by the defendant in the state court proceeding, arguing that the court previously appointed counsel, Jesse Beasley, to represent defendant. That motion was granted on November 3, 2016. [4]

         On February 8, 2017, following defendant's Sanity Commission hearing during which defendant was represented by counsel, the court determined defendant was competent to stand trial.

         On August 14, 2017, defendant entered an unconditional guilty plea before an ad hoc judge, pursuant to La. C.Cr.P. art. 894. According to the Boykin[5] form, defendant waived his right to a trial, the State's obligation to prove defendant's guilt beyond a reasonable doubt, the right to confront and cross-examine witnesses, the right against self-incrimination, and the right to appellate review.[6] Defendant was represented by appointed counsel, and was sentenced to thirty days in parish prison, deferred, eleven months of probation, and thirty hours of community service. This timely writ, seeking review of defendant's conviction and sentence, follows.

         Factual Background

         Because defendant pleaded guilty, the underlying facts were not fully developed at a trial. During the guilty plea colloquy, defendant admitted to the factual basis for his theft charge-that he committed theft of less than $750.00 in cash ...


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