State of Louisiana v. Kevin Russell Martin

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

12-395

ON REHEARING

STATE OF LOUISIANA

VERSUS

KEVIN RUSSELL MARTIN

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APPEAL FROM THE
THIRTY-FIRST JUDICIAL DISTRICT COURT
PARISH OF JEFFERSON DAVIS, NO. CR-2011-2
HONORABLE STEVE GUNNELL, DISTRICT JUDGE

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ELIZABETH A. PICKETT
JUDGE

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Court composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R. Cooks and
Elizabeth A. Pickett, Judges.

Cooks, J., dissents.

AFFIRMED.

Bennett R. Lapoint
Assistant District Attorney – Thirty-First Judicial District
P. O. Box 1388
Jennings, LA 70546
(337) 824-3311
COUNSEL FOR APPELLEE:
State of Louisiana

Pride Doran
The Doran Law Firm
P. O. Box 2119
Opelousas, LA 75071
(318) 948-8008
COUNSEL FOR DEFENDANT-APPELLANT:
Kevin Martin

PICKETT, Judge.
ON REHEARING

The record demonstrates clearly that the initial plea was properly taken.

While the defendant was misinformed regarding parole and good time eligibility,

he was allowed to ask the court any questions about his plea and on the form he

signed. He indicated he had none. His motion to withdraw his plea was fixed for

hearing. At the hearing, he failed to present any evidence. He simply presented an

argument that his plea was not knowingly and voluntarily made. He went on to

say that “[t]here’s really no argument further than that, Your Honor . . . .”

As the defendant has already had a hearing in the trial court and he failed to

show why his plea was not knowingly and voluntarily made, we find no support

for the contention that he is entitled to another hearing. The defendant’s

conviction is affirmed.

AFFIRMED.