Public-domain · open source
OpenJurist

478 So. 2d 1334

State v. Talbart

Louisiana Court of Appeal

Decided November 12, 1985

Louisiana Court of Appeal · decided 1985-11-12

Cited by 1 later decisions — most recently April 1987

1 state decisions

Relies on 466 So. 2d 549 - State v. Accardo

Good law ✅— No negative treatment on recordhow we know

Decided 1985-11-12

View the full empirical analysis of this case →

DUFRESNE, Judge.

¶1The defendant was charged by bill of information with first degree robbery, (La. R.S. 14:64.1). After arraignment he pled not guilty, but subsequently withdrew that plea and entered a plea of guilty as charged.

¶2The trial judge advised him of his right; a Boykin waiver form was properly executed by the defendant. The court accepted his guilty plea and ordered a pre-sen-tence investigation. The trial judge also indicated that he would not impose a greater sentence than fifteen years.

¶3On February 28, 1985, the defendant was sentenced to serve ten (10) years in the custody of the Department of Corrections without benefit of parole, probation or suspension of sentence.

¶4The defendant now appeals and asserts that the sentence imposed was excessive. He further urges that we review the record for any errors patent.

¶5Assignment of Error No. 1

¶6Excessiveness of Sentence

¶7The defendant was informed by the court that his sentence would not exceed fifteen years; thus, his plea bargain has not been violated in the sentence imposed by the court. However, since the plea bargain does not represent an agreement as to a specific sentence, but rather to a sentencing range, we will review same here.

¶8Sentences should be particularized to the defendant, State v. Accardo 466 So.2d 549 (La.App. 5th Cir.1985). In the present case the trial judge indicated that he was considering the P.S.I. report and that he was concerned that the defendant had an outstanding warrant for probation revocation from another jurisdiction.

¶9*1335The penalty provisions for first degree robbery (La.R.S. 14:64.1) have a sentencing range of three years to forty years without benefit of parole, probation or suspension of sentence.

¶10The sentence here is lenient and although the trial judge provided minimal compliance with C.Cr.P. Art. 894.1, we are satisfied that the record adequately supports the sentence of ten (10) years.

¶11This assignment of error is without merit.

¶12Assignment of Error No. 2

¶13Patent Error

¶14We have reviewed the entire record and more specifically, that the defendant was properly “boykinized”. The defendant adequately conveyed to the court his willingness to waive his prescribed rights and enter a guilty plea.

¶15Accordingly, we find no errors patent; thus, the defendant’s conviction and sentence are affirmed.

¶16AFFIRMED.

/478/so2d/1334 · .json · Public domain