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636 So. 2d 634

Docket No. 26542-KH.

State v. Lee

STATE of Louisiana, Plaintiff-Appellee, v. Kenny W. LEE, Defendant-Appellant.

Louisiana Court of Appeal

Decided May 12, 1994.

Louisiana Court of Appeal · decided 1994-05-12

Key passage — most relied on by later courts

“In alleging ineffective assistance of counsel, a defendant must satisfy a two-pronged test by showing, first, his attorney's performance to be so deficient as to deny him the "counsel" guaranteed by the Sixth Amendment; and, second, that those errors are so serious as to deprive the accused of a fair trial, i.e., one with a reliable result. Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). In order to prevail under the Strickland test, the defendant must demonstrate a reasonable probability that, but for counsel's unprofessional errors, the result of the proceedings would have been different. Knighton v. Maggio, 740 F.2d 1344 (5th Cir.1984).”

quoted by 1 later decision, including State v. Flanagan

Relies on Strickland v. Washington · Knighton v. Maggio

Good law ✅— No negative treatment on recordhow we know

Decided 1994-05-12

How this case has been cited

Cited by 12 later decisions — most recently November 2018

12 state decisions

90199420002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Kenny W. Lee, In pro. per.

¶2Richard Ieyoub, Atty. Gen., James M. Bullers, Dist. Atty., for plaintiff-appellee.

¶3Before LINDSAY, HIGHTOWER and BROWN, JJ.

¶4Applicant, who pled guilty to possession of cocaine with intent to distribute and received a ten-year hard labor sentence, complains of the trial court's denial of his PCR petition predicated upon defense counsel's failure to file a motion to reconsider sentence.

¶5In alleging ineffective assistance of counsel, a defendant must satisfy a two-pronged test by showing, first, his attorney's performance to be so deficient as to deny him the "counsel" guaranteed by the Sixth Amendment; and, second, that those errors are so serious as to deprive the accused of a fair trial, i.e., one with a reliable result. Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). In order to prevail under the Strickland test, the defendant must demonstrate a reasonable probability that, but for counsel's unprofessional errors, the result of the proceedings would have been different. Knighton v. Maggio, 740 F.2d 1344 (5th Cir.1984).

¶6Applicant made no showing, or specific claims, that a motion to reconsider would have resulted in a different sentence. Indeed, it is unlikely that an ultimate change would have ensued upon compliance with LSA-C.Cr.P. Art. 881.1. Lee is a second felony offender and, at the time of his arrest, *635 was out on bond pending sentencing for a previous conviction for attempted possession of cocaine with intent to distribute, which had been reduced from a charge of possession of cocaine with intent to distribute. In connection with the offense at hand, the PSI discloses defendant being arrested in possession of rock cocaine valued at $1,500 and with cash totaling $685, though he had not been employed since 1989.

¶7Thus, the application fails to demonstrate error in the trial court ruling.

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