State v. Coats
| Decision Date | 23 November 1971 |
| Docket Number | No. 51375,51375 |
| Citation | 255 So.2d 75,260 La. 64 |
| Parties | STATE of Louisiana v. Dornell COATS. |
| Court | Louisiana Supreme Court |
George, Bennett, Lindsay, Bass & Seago, Ltd., John E. Seago, Baton Rouge, for defendant-appellant.
Jack P. F. Gremillion, Atty. Gen., Harry H. Howard, Asst. Atty. Gen., Sargent Pitcher, Jr., Dist. Atty., Alton T. Moran, Asst. Dist. Atty., for plaintiff-appellee.
The defendant, Dornell Coats, pleaded guilty to two counts of simple burglary (R.S. 14:62) and was sentenced to five years on each count, the sentences to run concurrently. He appeals those convictions and sentences.
The Louisiana Supreme Court has appellate jurisdiction in criminal cases 'in which the Penalty of death or Imprisonment at hard labor may be Imposed.' (Emphasis added). La.Const. of 1921, Art. 7, Sec. 10(5). Code of Criminal Procedure Article 912 provides in part:
'B. * * *
'(1) A judgment which imposes sentence;'
Our cases consistently hold that a defendant can appeal from a Conviction and sentence. Code of Criminal Procedure Article 934(3) provides: " Convicted' means Adjudicated guilty after a plea or after trial on the merits.' Code of Criminal Procedure Article 871 states in part: 'A sentence is The penalty imposed by the court on a defendant upon a plea of guilty, upon a verdict of guilty, or upon a judgment of guilty.' A defendant is convicted by his plea of guilty, and he is sentenced when the penalty is imposed. Therefore he may appeal his conviction and sentence flowing from a plea of guilty. State v. Watson, 41 La.Ann. 598, 7 So. 125 (1889); State v. Bergeron, 152 La. 38, 92 So. 726 (1922).
However, a plea of guilty waives all defects prior to that plea except those jurisdictional defects which appear on the face of the pleadings and proceedings. State v. Valentine, decided November 8, 1971, 259 La. 1019, 254 So.2d 450. See also State v. Bergeron and State v. Watson, supra. We find no jurisdictional error prior to the guilty plea.
No bills of exception were reserved or perfected. We are therefore limited on appeal to a review of the pleadings and proceedings for discoverable error. La.C.Cr.P. Art. 920. Examination of the pleadings and proceedings shows no error.
The convictions and sentences are affirmed.
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State v. Jones
...waives all nonjurisdictional defects in the proceedings prior to the plea. State v. Torres, 281 So.2d 451 (La.1973); State v. Coats, 260 La. 64, 255 So.2d 75 (1971); Joseph, The Work of the Appellate Courts for the 1975-76 Term Postconviction Procedure, 37 La.L.Rev. 568 (1977). In State v. ......
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State v. Crosby
...v. Foster, 263 La. 956, 269 So.2d 827 (1972); State ex rel. Jackson v. Henderson, 263 La. 797, 269 So.2d 248 (1972); State v. Coats, 260 La. 64, 255 So.2d 75 (1971); State v. Valentine, 259 La. 1019, 254 So.2d 450 (1971); State v. Bergeron, 152 La. 38, 92 So. 726 (1922). 1 See also: Tollett......
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State v. Allen, 52389
...prior to that plea except those jurisdictional defects which appear on the face of the pleadings and proceedings. State v. Coats, 260 La. 64, 255 So.2d 75 (1971). We have reviewed the pleadings and proceedings for discoverable error, La.C.Cr.P. Art. 920(2), and find Defendant argues that hi......
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State v. Fontenot
... ... State v. Champagne, 461 So.2d 1059 (La.App. 3d Cir.1984), appeal after remand for resentencing, 506 So.2d 1377 (La.App. 3d Cir.1987); State v. Coats, 260 La. 64, 255 So.2d 75 ... (1971). A great measure of finality should be afforded to guilty pleas. State v. Bosworth, 451 So.2d 1070 (La.1984); Blackledge v. Allison, 431 U.S. 63, 97 S.Ct. 1621, 52 L.Ed.2d 136 (1977). Moreover, the testing of a sentence followed by an attempt to withdraw ... ...