No. 51644 Precedential Processed

State v. Barber

Louisiana Supreme Court · Filed May 18, 1972 · 263 So. 2d 719

Cited by

State v. Hawkins 715 So. 2d 638 La. Ct. App. 2d Cir. 1998
State v. Andrasi 343 So. 2d 175 La. 1977
State v. Crosby 338 So. 2d 584 La. 1976
State v. Franklin 337 So. 2d 1152 La. 1976
State v. Baudoin 334 So. 2d 186 La. 1976
State v. Ballard 282 So. 2d 448 La. 1973
State v. Willis 279 So. 2d 192 La. 1973

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Johnson 260 La. 902

Opinion text

PER CURIAM The defendant, Marley Barber, pleaded guilty to attempted murder, La.R.S., 14:-27 and 14:30, subsequent thereto he attempted to withdraw his plea. However, the trial court denied his request. The accused reserved and perfected one bill of exceptions, alleging the trial judge erred by refusing to permit him to withdraw his plea. He was sentenced to ten years in the penitentiary and now appeals. Whether the defendant should have been permitted to withdraw his plea of guilty and enter a plea of not guilty rested within the trial court’s sound discretion. La.C.Cr.P. art. 559; State v. Johnson, 260 La. 902 , 257 So.2d 654 (1972). *445 The refusal to allow the accused to withdraw his guilty plea was not an abuse of such discretion, where the trial judge had interrogated the accused as to his understanding of the proceedings and the defendant had the assistance of counsel in making his decision. Further, as indicated by the record, the defendant had originally pleaded not guilty and not guilty by reason of insanity, and after being found with the mental capacity to proceed by a sanity commission, waived the hearing by entering a plea of guilty. A plea of guilty waives all defects prior to that plea except those jurisdictional defects which appear on the face of the proceedings. State v. Johnson, 260 La. 902 , 257 So.2d 654 (1972). We find none here. For the reasons assigned, the conviction and sentence are affirmed.