FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 540-135,
SECTION "B" Honorable Tracey Flemings-Davillier,
Michael Idoyaga COUNSEL FOR DEFENDANT/APPELLANT
A. Cannizzaro, Jr., District Attorney Donna Andrieu, Chief of
Appeals Scott G. Vincent, Assistant District Attorney ORLEANS
PARISH DISTRICT ATTORNEY'S OFFICE COUNSEL FOR STATE OF
composed of Judge Daniel L. Dysart, Judge Joy Cossich
Lobrano, Judge Tiffany G. Chase)
TIFFANY G. CHASE JUDGE
criminal appeal, the defendant, Gary Delton (hereinafter
"Mr. Delton"), seeks review of his sentences. After
consideration of the record, and the applicable law, we
AND PROCEDURAL HISTORY
February 27, 2018, Mr. Delton was charged by bill of
information with one count of aggravated burglary and one
count of simple burglary of an inhabited dwelling, violations
of La. R.S. 14:60 and La. R.S. 14:62.2, respectively. He
appeared for arraignment on March 1, 2018, and pled not
guilty to the charges against him.
pre-trial conference was held on July 31, 2018, at which the
State of Louisiana (hereinafter "the State"), Mr.
Delton, and his counsel were present. Mr. Delton withdrew his not
guilty pleas and entered guilty pleas on both counts. The
following colloquy depicts the exchange between the trial
court and Mr. Delton:
You understand the sentencing range with respect to the
aggravated burglary is one to thirty years; your sentence on
that would be two years DOC. And as to the simple burglary of
an inhabited dwelling, it is one to twelve years, and your
sentence will be five years, credit for time served; all but
two suspended, and you'll be placed on three years active
probation with a requirement that you enter into a drug court
program in Orleans Parish Criminal court.
the trial court inquired whether the State was charging Mr.
Delton as a multiple bill offender, defense counsel responded
that Mr. Delton had no prior felonies. Mr. Delton, his
counsel, and the judge then signed a Boykin
reflecting the sentences in the colloquy. At the end of the
hearing, counsel for Mr. Delton stated "pursuant to the
request by [the] state, I would request that ...