STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2021 KW 1440 VERSUS

KENYATTA HENDERSON DECEMBER 21, 2021

In Re: State of Louisiana, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, Nos. DC - 20- 03343, DC - 20- 03345.

BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.

WRIT DENIED.

PMc MRT

Welch, J., dissents and would grant the writ application.

A guilty plea is constitutionally infirm when a defendant is induced to enter by that plea plea a bargain or by what he justifiably believes was a plea bargain, and that bargain is not kept. State v. Maza, 2011- 1430 ( La. App. lst Cir. 3/ 23/ 12), 2012 WL 997038, * 2. Herein, the guilty plea transcript reflects that the defendant was advised of the charges against him, informed of the factual basis that gave rise to the charges, and advised of his Boykin rights. The defendant indicated that he understood his rights and he waived those rights. Under the circumstances of this case, I find the defendant has failed to demonstrate that his guilty plea was constitutionally infirm.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT