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State v. Delton

Court of Appeals of Louisiana, Fourth Circuit

October 9, 2019

STATE OF LOUISIANA
v.
GARY DELTON

          APPEAL FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 540-135, SECTION "B" Honorable Tracey Flemings-Davillier, Judge

          Michael Idoyaga COUNSEL FOR DEFENDANT/APPELLANT

          Leon 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 LOUISIANA/APPELLEE

          (Court composed of Judge Daniel L. Dysart, Judge Joy Cossich Lobrano, Judge Tiffany G. Chase)

          TIFFANY G. CHASE JUDGE

         In this criminal appeal, the defendant, Gary Delton (hereinafter "Mr. Delton"), seeks review of his sentences. After consideration of the record, and the applicable law, we affirm.

         FACTUAL AND PROCEDURAL HISTORY

         On 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.

         A 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.[1] 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:

The Court:
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.
Mr. Delton:
Yes, ma'am.

         When 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 Form[2] 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 ...


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