Opinion
NO. 2016 KW 0862
09-06-2016
STATE OF LOUISIANA v. BRITTANY LYNNE MARTIN
In Re: Brittany Lynne Martin, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 618,429 & 618,535. BEFORE: PETTIGREW, McDONALD AND DRAKE, JJ.
WRIT DENIED. The testimony adduced at the postconviction hearing along with the Boykin transcript do not support relator's claim that the guilty pleas were entered unknowingly and unintelligently. Furthermore, because relator entered unconditioned guilty pleas, she cannot now raise constitutional issues that she otherwise could have raised had the case gone to trial, including the claim that the evidence was insufficient to support the guilty pleas. Moreover, La. Code Crim. P. art. 930.3 lists the grounds upon which postconviction relief may be granted, and these are exclusive grounds. See State ex rel. Melinie v. State, 93-1380 (La. 1/12/96), 665 So.2d 1172 (per curiam). Relator's seventh claim of prosecutorial vindictiveness is factually without merit. Accordingly, the district court did not err by dismissing relator's fourth, fifth, and sixth claims on procedural grounds, or by denying relator's first, second, and third claims on the merits.
EGD
JTP
JMM
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT