State ex rel. Lane v. State
State ex rel. Lane v. State
Opinion of the Court
11 Denied. Relator has exhausted his right to state collateral review. See State ex rel. Lane v. State, 16-2217 (La. 1/23/17), 209 So.3d 87. We attach hereto and make a part hereof the district court’s written reasons denying relief.
OPINION
The Court has fbr-its consideration Feffiioner's'lViotion to. Withdraw Guilty ¾⅝ filed on July 2,2015, Fo'rthe reasons stated below4he Petitioner's'motkm-is DENIES,
Petitioner was -charged, with an indictment: for Second Degree Murder, On June .14,2dl1, the .State, fifed an amended.indictroent of manslaughter,'to which Petitíoner pTeAgiñity. TheCoust ■informed Petitioner of his rights as,per Botkin and senteneeáhúato ibrty-(40)yesrs--at hard, labor and he was committed to the Louisiana Department .of Corrections, subject tq the; conditions provided by law.
In his motion, Petitioner alleges violations of his canstikmonaliights. These violations are: (1) The Court abused its discretion when- sentencing, hunt (2)'The Court; counsel, and DA refused to raise the question-of'his menta!'health3,(3) The- .indictment was not endorsed by a-true bill; (4) die plea colloquy was inadequate; (5) The Court and counsel wrongfully- influenced him into-pleading guilty; (6) The DA failed to commence the trial within »tW6 ⅝⅞ limitation; (7) The DA withheld evidence concerning guilt or innocence; and (8) The plea; Was made involuntarily and iminteiligently.
When aitlefen'daut enters an. unreserved plea of guilty-, he waives Ms rights to attack the strength of the State’s case and any.nomjin'!sdietioMil defeats in the State's case, Stitfe'v. Crosby, 338 So, 2d 584, (La, 197S); Stctta v. Swim 33,739 (La, App. 2'd-Cit. lW70Q^768iS6.2d822. •ft by-a contested trial. StM ⅞ ⅝⅜ 567 So, 2d 744, (La. App, 2d Cir. 1990); State v. Hardy, 39,233, (La. App. 2S Civ. 1/261$$), 892 So, 2d 710, 712; By pleading-guilty, therefore, petitioner has waived his right to -complain about any portion- of the 'State’s case against him.
Louisiana Coda' of Criminal Procedure article 924(1.) .(tefito &i application for post oonviciiou.reliefas, “apetition filed by aperson.m custody pfievsentence foltowtogconvlotionfor-tbti-.cotomissito of an'of&nse'se'aldagtto havRthe-oaüvíotío'n andte'e'utéitóeteet'-asids," 'Peiitfoiier’s 'Motion to Withdraw Guilty Plea, filed onJúly2,2015, in-spite-of its naroeo? caption,-was'cleraiy filed, while-he was -in- custody, after sentencing, 'and-for the purpüée o'i!&iviS%ltis conviction, atid sentence set aside.
The -guidelines fbr Post Conviction Relief are outlined in tha Louisiana C'ode'of Criminal Law and Procedure. According -'to- La. C.Cr.P, Art. 93⅛8, “no application fbr-posb-conviction relief, including applications which seefe an tmt-oMme appeal, sháTl- bé tíohéidéted'if ⅛ te filed more-thairtwo (2) years after tire judgment of conviction and sentence has.b'ecome final?’., unless certain- circumstances' exist. .Nona of tire considered circumstances existid fee case át.Bar.
Petitioner’s motion-is both ruitimely mrd.repetitive; Petftio'n&’s sentence-and conviction became final in June 2011. 'Tliis.motion was not filed until ’July' 2,2015, far beyemdrfee two (2) year .period from final judgment ⅛ which totiile an-applicatten for posfeconvictton relief,. It.aiso raiseatlre saino claims feat werebonsidered and denied by this .Court in his tinrely-filed Application for PosteEonvi'clfan Relief. Tile-new caption on.tlris pleading,- which.ccavtafos-.'fee same substance, is simply an- attempt to get around the statutory JifflitationB.pl’aced.on post*ootivictkin-roK.et
. Even if Petitioner’s' motion were to fall 'Under a Motion te Wi todraw Plea Agreement, -ibis. CSurf does not have- any authority'to. withdraw Petitioner's ptea. Under Code of Criminal .Procedure Mole' 559(a), the tiou.rt 'may permit a plea of guilty at any time: before'-sentencing, Petitioner'haa'Blready been sentenced, & addition, tho-Court-infonned'Petitioner at sentcncing.of
Case-law data current through December 31, 2025. Source: CourtListener bulk data.