From Casetext: Smarter Legal Research

State v. Tooney

SUPREME COURT OF LOUISIANA
Jun 1, 2021
No. 21-KP-0420 (La. Jun. 1, 2021)

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.


Summaries of

State v. Tooney

SUPREME COURT OF LOUISIANA
Jun 1, 2021
No. 21-KP-0420 (La. Jun. 1, 2021)
Case details for

State v. Tooney

Case Details

Full title:STATE OF LOUISIANA v. JAMES TOONEY

Court:SUPREME COURT OF LOUISIANA

Date published: Jun 1, 2021

Citations

No. 21-KP-0420 (La. Jun. 1, 2021)

Citing Cases

State v. Bouton

The rule in criminal cases is this: "A charge must meet and be strictly limited by the case set forth in the…

Autry v. State

"Many authorities hold that when a condition of suffering exists from the infliction of the injury to the…