State v. Cook

Decision Date25 June 1979
Docket NumberNo. 63724,63724
Citation372 So.2d 1202
PartiesSTATE of Louisiana v. Louis C. COOK.
CourtLouisiana Supreme Court

Walter L. Sentenn, Jr., Robert Barnard, Orleans Indigent Defender Program, New Orleans, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Louise S. Korns, Marvin Opotowsky, G. Fred Ours, Asst. Dist. Attys., for plaintiff-appellee.

MARCUS, Justice.

Louis C. Cook was charged in the same information with aggravated burglary in violation of La.R.S. 14:60 and simple burglary in violation of La.R.S. 14:62.

Pursuant to a plea bargain, defendant withdrew his former pleas of not guilty and entered pleas of guilty to violations of La.R.S. 14:60 (aggravated burglary) and La.R.S. 14:62.2 (simple burglary of an inhabited dwelling), conditioned on his right to obtain appellate review of the trial judge's denial of his motion to quash the bill of information. The trial judge accepted defendant's guilty pleas after determining that they were made voluntarily with understanding of the nature of the charges. The pleas were entered without amending the information or filing a new information. Defendant was then sentenced to serve three years at hard labor for the aggravated burglary conviction and three years at hard labor, without benefit of parole, probation or suspension of sentence, for the simple burglary of an inhabited dwelling conviction. The trial judge expressly directed that the sentences be served concurrently. Defendant designated one assignment of error (denial of his motion to quash the information) to be urged on appeal. 1

In brief to this court, defendant contends that his guilty pleas are invalid in that he pled guilty, pursuant to a plea bargain, to aggravated burglary (La.R.S. 14:60) and Simple burglary of an inhabited dwelling (La.R.S. 14:62.2 ) when, in fact, he was only charged in the bill of information with aggravated burglary (La.R.S. 14:60) and Simple burglary (La.R.S. 14:62), a crime less serious than simple burglary of an inhabited dwelling (La.R.S. 14:62.2). Hence, he argues that his guilty pleas should be set aside.

In reviewing appeals from pleas of guilty, we may review jurisdictional defects which appear on the face of the pleadings and proceedings. State v. Crosby, 338 So.2d 584 (La.1976); State v. Spain, 329 So.2d 178 (La.1976).

La.Code Crim.P. art. 558 provides that the defendant, with the consent of the district attorney, may plead guilty to a lesser offense that is included in the offense charged in the indictment. In general, the lesser included offense must be of the same generic class and must not require proof of an element which is not found in the major crime charged. Official Revision Comment to La.Code Crim.P. art. 558; State v. Green, 263 La. 837, 269 So.2d 460 (1972).

In the instant case, defendant was charged in the second count of the information with the crime of simple burglary (La.R.S. 14:62):

Simple burglary is the unauthorized entering of any dwelling, vehicle, watercraft, or other structure, movable or immovable, with the intent to commit a felony or any theft therein, other than as set forth in Section 60.

Whoever commits the crime of simple burglary shall be imprisoned, with or without hard labor, for not more than twelve years.

However, defendant entered a guilty plea to the crime of simple burglary of an inhabited dwelling (La.R.S. 14:62.2):

Simple burglary of an Inhabited home is the unauthorized entry of any Inhabited dwelling, house, apartment or other structure used in whole or in part as a home or place of abode by a person or persons with the intent to commit a felony or any theft therein, other than as set forth in Article 60.

Whoever commits the crime of simple burglary of an inhabited dwelling shall be imprisoned at hard labor for not less than one year, without benefit of parole, probation or suspension of sentence, nor more than twelve years. (emphasis added)

Since the crime of simple burglary of an inhabited dwelling requires proof of an essential element, I. e., inhabited dwelling, not found in the crime charged (simple burglary), simple burglary of an inhabited dwelling is Not a lesser included offense of simple burglary.

La.Code Crim.P. art. 487, dealing with amendments by the state of defective indictments, provides in pertinent part:

B. Nothing contained herein shall be construed to prohibit the defendant from entering a plea of guilty to a crime Nonresponsive to the original indictment when such a plea is acceptable to the district attorney, and in such case, the district attorney shall not be required to file a new indictment to charge the crime to which the plea is offered. (emphasis added)

The aforesaid provision does not prohibit a defendant from entering a plea of guilty to a crime nonresponsive 2 to the original indictment when such a plea is acceptable to the district attorney. In such a case, the district attorney need only amend...

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48 cases
  • State v. Price
    • United States
    • Court of Appeal of Louisiana — District of US
    • December 28, 2006
    ...Therein, both the defendant and the State argued in favor of the validity of the plea, but the appellate court relied on State v. Cook, 372 So.2d 1202 (La.1979), and found the trial court lacked jurisdiction to accept the plea. The Louisiana Supreme Court reversed the court of appeal and "c......
  • State v. Porterfield
    • United States
    • Court of Appeal of Louisiana — District of US
    • April 19, 1988
    ...of information. When this is done, the state must either amend the bill of information or file a new bill of information. State v. Cook, 372 So.2d 1202 (La.1979); State v. Johnson, 499 So.2d 244 (La.App. 2nd Cir.1986); State v. Price, 461 So.2d 503 (La.App. 3rd Cir.1984). If the state elect......
  • State v. Jackson
    • United States
    • Louisiana Supreme Court
    • November 29, 2005
    ...case requires the interpretation of Louisiana Code of Criminal Procedure article 487 (B) and examination of our decision in State v. Cook, 372 So.2d 1202 (La.1979). The only facts of relevance, presented in greater detail below, are that the defendant knowingly and voluntarily pled guilty ......
  • State v. Barclay
    • United States
    • Court of Appeal of Louisiana — District of US
    • November 22, 1991
    ...LSA-Const. Art. I, Sec. 13; La.C.Cr.P. arts. 383, 487, 558, 814, 815; State v. Buttner, 411 So.2d 35 (La.1982); State v. Book, 372 So.2d 1202 (La.1979); State v. Parrish, 272 So.2d 321 (La.1973); State v. Kirkendoll, 559 So.2d 555 (La.App.2d Cir.1990); State v. Marceaux, 542 So.2d 1121 (La.......
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