Restrepo v. King
| Decision Date | 11 October 1990 |
| Docket Number | No. 90-CA-0190,90-CA-0190 |
| Citation | 569 So.2d 92 |
| Parties | Pedro RESTREPO v. Frederick J. KING, Jr. 569 So.2d 92 |
| Court | Court of Appeal of Louisiana — District of US |
Pedro Restrepo, Angie, pro se.
Frederick J. King, Jr., New Orleans, in pro. per.
Before SCHOTT, C.J., and LOBRANO and PLOTKIN, JJ.
Plaintiff Pedro Restrepo appeals the trial court's judgment dismissing his legal malpractice claim against defendant attorney Frederick J. King, Jr. We affirm.
Facts:
On September 11, 1986, plaintiff and his then-girlfriend, Gloria Padilla, were arrested by Jefferson Parish Sheriff's deputies and charged with possession of a pound of cocaine in violation of LSA-R.S. 40:967(F)(b), which crime carries a possible penalty of not less than ten years nor more than 30 years imprisonment at hard labor and a fine of not less than $100,000 nor more than $350,000. The arrests occurred following a search of the residence located at 3808 N. Deerwood Street in Harvey, Louisiana, where Restrepo and Padilla lived. In addition to the pound of cocaine, the search yielded a triple-beam scale and $14,159 in currency and traveler's checks. Sometime around September 16, 1986, King was contacted by the plaintiff's brother and agreed to represent the plaintiff and Padilla. King was paid a $2,500 retainer and agreed to handle the case for $10,000.
On October 3, 1986, King filed motions for preliminary examination and bond inquiry on behalf of both Restrepo and Padilla, which motions were ultimately successful as the bonds for the two defendants were reduced. Thereafter, King filed numerous motions in the case, including motions to suppress the evidence, which Restrepo claimed was illegally obtained. On May 28, 1987, the State filed a motion for forfeiture of the $14,159 cash pursuant to LSA-R.S. 32:1550. On June 17, 1987, King filed an opposition to the motion for forfeiture.
After several continuances, both the motion to suppress the evidence and the opposition to the motion for forfeiture were set for hearing on September 30 and October 1, 1987. During the course of those proceedings, Restrepo agreed to enter a plea bargain whereby all charges would be dropped against Padilla, who was by that time married to Restrepo, in exchange for his agreement to plead guilty to attempted possession of more than 200 but less than 400 grams of cocaine, a crime for which the maximum penalty is 15 years. As a condition of the plea bargain, Restrepo agreed to withdraw the opposition to the forfeiture of the $14,159. Restrepo was originally sentenced to the maximum penalty of 15 years at hard labor and fined $75,000. Following an appeal filed by King, Restrepo's sentence was reversed and remanded. State v. Restrepo, 527 So.2d 473 (La.App. 5th Cir.1988). On remand, Restrepo was sentenced to 12 years at hard labor.
Restrepo then filed the instant suit against King, alleging legal malpractice. After a trial on the merits, in which Restrepo acted in proper person, the trial judge dismissed the suit, finding that Restrepo's position was unsupported by the evidence and that King had performed adequately and competently for the fee he was paid since he obtained the best plea bargain possible. Restrepo appealed, claiming that King did not perform adequately and...
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