Public-domain · open source
OpenJurist

803 So. 2d 405

Docket No. 35,363-KA.

State v. Henton

STATE of Louisiana, Appellee, v. Joseph HENTON, Appellant.

Louisiana Court of Appeal

Decided December 19, 2001.

Louisiana Court of Appeal · decided 2001-12-19

Cited by 2 later decisions — most recently February 2004

2 state decisions

Relies on 704 So. 2d 241 - State v. Jyles · State v. Young · State ex rel. Alexander v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2001-12-19

View the full empirical analysis of this case →

¶1Joseph Henton, Pro se.

¶2Paula C. Marx, Louisiana Appellate Project, Counsel for Appellant.

¶3Richard Ieyoub, Attorney General, James David Caldwell, District Attorney, James Trey Phillips, Assistant District Attorney, Counsel for Appellee.

¶4Before BROWN, DREW and KOSTELKA, JJ.

¶5BROWN, J.

¶6On June 22, 1998, in Tallulah, Louisiana, defendant, Joseph Henton, and two others beat and robbed a pizza delivery man of money, shoes and his car. The beating resulted in the victim, a college student at the time, incurring permanent head and brain injuries. Defendant pled guilty to car jacking, a violation of La.R.S. 14:64.2. The state and defendant agreed upon an 18 year sentencing cap and charges of armed robbery, purse snatching and aggravated second degree battery were dismissed.

¶7On January 19, 1999, the trial court sentenced defendant pursuant to the terms of the plea agreement. The court found the actions of defendant and the other parties involved to be particularly brutal. The trial court noted that defendant had an extensive criminal record and sentenced defendant to 18 years at hard labor without benefit. Defendant filed a motion to reconsider sentence, which was denied on March 21, 2001. This appeal followed.

¶8Defendant's appointed counsel filed a brief and motion pursuant to State v. Jyles, 96-2669 (La.12/12/97), 704 So.2d 241, in *406 which she asserted that she could find no appealable issues. She moved to be allowed to withdraw as defendant's counsel of record.

¶9The record reflects that defendant agreed to a plea bargain that greatly reduced his sentencing exposure. Where a specific sentence or sentence cap has been agreed to as a consequence of a plea bargain, a sentence imposed within the agreed range cannot be appealed as excessive. La.C.Cr.P. art. 881.2(A)(2); State v. Young, 96-0195 (La.10/15/96), 680 So.2d 1171; State v. Hearold, 34,183 (La. App.2d Cir.01/24/01), 777 So.2d 1269, writ denied, 01-0807 (La.11/16/01), 801 So.2d 1076.

¶10We have examined the record for error patent and have found none. The guilty plea was properly obtained and the sentence imposed is lawful and within the plea agreement.

¶11Defendant's sentence is affirmed. Defendant's appellate counsel's motion to withdraw is granted.

¶12AFFIRMED. MOTION TO WITHDRAW GRANTED.

/803/so2d/405 · .json · Public domain