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State v. Eugene

Court of Appeals of Louisiana, Fourth Circuit

November 20, 2019

STATE OF LOUISIANA
v.
ANTHONY EUGENE III

          APPEAL FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 523-303, SECTION "K" Honorable Arthur Hunter, Judge

          Leon Cannizzaro Donna Andrieu Kyle Daly ASSISTANT DISTRICT ATTORNEY ORLEANS PARISH COUNSEL FOR THE STATE OF LOUSIANA

          Bruce G. Whittaker LOUISIANA APPELLATE PROJECT COUNSEL FOR DEFENDANT

          (Court composed of Judge Joy Cossich Lobrano, Judge Rosemary Ledet, Judge Regina Bartholomew-Woods)

          LOBRANO, J., CONCURS IN THE RESULT.

          ROSEMARY LEDET JUDGE

         This is a criminal appeal. The defendant, Anthony Eugene, seeks review of the district court's denial of his motion to withdraw his guilty plea. For the reasons that follow, we affirm.

         PROCEDURAL BACKGROUND

         On January 28, 2015, Mr. Eugene was charged by bill of indictment as follows:

• Count 1: Conspiracy to Distribute Heroin, an inchoate violation of La. R.S. 40:966(A)(1);
• Count 2: Conspiracy to Commit Second Degree Murder, an inchoate violation of La. R.S. 14:30.1; and
• Count 3: Second Degree Murder, a violation of La. R.S. 14:30.1.[1]

         On February 2, 2015, Mr. Eugene was arraigned and entered pleas of not guilty. On November 21, 2018, the State amended Count 3 from second degree murder to manslaughter; and Mr. Eugene pled guilty to the charges in the amended indictment. Because the district court judge who accepted Mr. Eugene's guilty pleas was not the judge presiding over the case, sentencing was set for a subsequent date.

         Before sentencing, Mr. Eugene filed a pro se motion to withdraw his guilty plea. The presiding judge subsequently denied ...


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