Opinion
NO. 2018 KW 0191
05-14-2018
STATE OF LOUISIANA v. MICHAEL McPHERSON
In Re: Michael McPherson, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 646,251. BEFORE: HIGGINBOTHAM, HOLDRIDGE, AND PENZATO, JJ.
WRIT DENIED. Other than relator's self-serving statements, there is no support for his claim that the district court imposed his aggravated burglary sentence with restrictions on probation, parole, and suspension of sentence. However, a court shall not suspend the sentence and place on probation a defendant who is convicted of an offense that is designated in the court minutes as a crime of violence pursuant to Article 890.3. See La. Code Crim. P. art. 893(A) (prior to amendment by 2017 La Acts No. 280, § 1; effective November 1, 2017). Aggravated burglary is defined as a crime of violence. See La. R.S. 14:2(B)(20). Although La. Code Crim. P. art. 893 does not restrict parole, eligibility for parole is governed by La. R.S. 15:574.4. The newly enacted provisions that allow parole consideration after an inmate has served twenty-five percent of his sentence do not apply to any person convicted of a crime of violence, regardless of the date of conviction. See La. R.S. 15:574.4(A)(1)(a) (2017 La. Acts No. 280, § 3). Relator's remaining claims regarding competency and the consequences of the plea may not be raised in a motion to correct an illegal sentence because these claims do not relate to the legality of his sentence under the applicable sentencing statute. See State v. Gedric, 99-1213 (La. App. 1st Cir. 6/3/99), 741 So.2d 849, 851-52 (per curiam), writ denied, 99-1830 (La. 11/5/99), 751 So.2d 239. Furthermore, the failure of a defendant to conclude a Boykin colloquy by stating "I plead guilty" does not render an otherwise knowing, intelligent, and voluntary guilty plea invalid. See State v. Holden, 2009-1714 (La. 4/9/10), 32 So.3d 803, 804 (per curiam). See also United States v. Williams, 20 F.3d 125, 133-34 (5th Cir. 1994).
TMH
GH
AHP
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT