2021KW1440 Nonprecedential Writ denied Processed

State Of Louisiana v. Kenyatta Henderson

Louisiana Court of Appeal, First Circuit · Filed December 21, 2021

Opinion text

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