Opinion
NO. 2018 KW 0339
06-04-2018
STATE OF LOUISIANA v. KENNETH DWAYNE NIXON
In Re: Kenneth Dwayne Nixon, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 04-11-0697. BEFORE: WHIPPLE, C.J., WELCH AND HIGGINBOTHAM, JJ.
WRIT DENIED. Relator pled guilty without reserving the right to seek review of any pre-plea rulings. Therefore, he cannot challenge the sufficiency of the State's evidence against him as it is well-settled that a guilty plea by its nature admits factual guilt and relieves the State of the necessity to prove it by a contested trial. See State v. Crosby, 338 So.2d 584, 591 (La. 1976). Relator also cannot attack his sentences because a defendant cannot appeal or seek review of a sentence imposed in conformity with a plea agreement which was set forth in the record at the time of the plea. See La. Code Crim. P. art. 881.2(A)(2). Furthermore, the attached documents, including the commissioner's report, do not support relator's claim that defense counsel rendered ineffective assistance during the guilty plea and sentencing proceedings or in regards to the unsubstantiated request to file an appeal. See Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). See also State v. West, 09-2810 (La. 12/10/10), 50 So.3d 148, 14 9 (per curiam). Accordingly, the district court did not err by denying the application for postconviction relief.
TMH
VGW
JEW
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT