Opinion
No. 21-KP-0420
06-01-2021
STATE OF LOUISIANA v. JAMES TOONEY
STATE OF LOUISIANA
VS.
JAMES TOOMEY
IN RE: State of Louisiana - Applicant Plaintiff; Applying For Supervisory Writ, Parish of West Baton Rouge, 18th Judicial District Court Number(s) 190083, Court of Appeal, First Circuit, Number(s) 2020 KW 1215; Writ application granted. See per curiam.
WJC
SJC
JTG
JBM
Weimer, C.J., would deny.
Hughes, J., would deny.
Griffin, J., would deny. Supreme Court of Louisiana
June 01, 2021 /s/_________
Chief Deputy Clerk of Court
For the Court ON SUPERVISORY WRITS TO THE EIGHTEENTH JUDICIAL DISTRICT COURT, PARISH OF WEST BATON ROUGE PER CURIAM:
Granted. The district court erred in vacating defendant's guilty plea and sentences. The transcript of the defendant's guilty plea hearing shows that he was properly advised of his rights, confirmed that he understood and waived those rights, indicated that he understood his sentence, and set forth that he was satisfied with his representation by defense counsel. State ex rel. Jackson v. Henderson, 260 La. 90, 103, 255 So.2d 85, 90 (1971). In these circumstances, defendant does not demonstrate that he did not understand the consequences of his decision to plead guilty, or that he did not do so voluntarily. La.C.Cr.P. art. 930.2. Accordingly, the decision of the district court is reversed and this case is remanded for consideration of the defendant's remaining assignments of error.