State v. Deakle
| Court | Louisiana Supreme Court |
| Writing for the Court | CALOGERO |
| Citation | State v. Deakle, 372 So.2d 1221 (La. 1979) |
| Decision Date | 25 June 1979 |
| Docket Number | No. 63896,63896 |
| Parties | STATE of Louisiana v. Terrill L. DEAKLE. |
A. J. Boudreaux, Metairie, for defendant-appellant.
William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., John M. Mamoulides, Dist. Atty., William W. Hall, Abbott J. Reeves, Asst. Dist. Attys., for plaintiff-appellee.
Seven weeks after pleading guilty to armed robbery and just prior to imposition of sentence defendant Terrill Deakle moved to withdraw his guilty plea. The trial judge denied his motion, then sentenced defendant to thirty-five years at hard labor without benefit of parole, probation or suspension of sentence. Defendant's appeal from the conviction and sentence raises only one issue, whether the trial judge's refusal to allow defendant to withdraw his guilty plea constitutes reversible error.
Article 559 of the Code of Criminal Procedure provides that "(t)he court may permit a plea of guilty to be withdrawn at any time before sentence." We have interpreted that article as granting broad discretion to the trial judge. State v. Robinson, 311 So.2d 893 (La.1975); State v. Johnson, 260 La. 902, 257 So.2d 654 (1972).
In the instant case defendant was fully apprised before he pled guilty of the minimum and maximum sentences possible, namely five years and ninety-nine years respectively, and that the court had made no promise other than to conduct a pre-sentence investigation. Defendant's attorney did not tell defendant he would get less than thirty-five years, but rather simply that based on counsel's experience defendant would probably be facing a sentence between ten and twenty-five years. Presumably the motion to withdraw the guilty plea was prompted by defendant's learning just before sentencing that the trial judge intended to give a thirty-five year sentence.
No reason for the trial judge's permitting withdrawal other than the foregoing is...
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State v. Bosworth
... ... This court has held that a defendant is not entitled to withdraw a guilty plea, even prior to sentence, simply because "the penalty imposed is heavier than anticipated." State v. Deakle, 372 So.2d 1221, 1222 (La.1979); State v. Delgado, 388 So.2d 384 (La.1980) ... 20 In State v. Neitte, 363 So.2d 425 (La.1978), this court found a breach of a promise to recommend probation and remanded with instructions to permit defendant to withdraw his plea of guilty. In this case, although ... ...
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State v. Morris
... ... It is well settled that a defendant may not withdraw his plea solely because the sentence he received is greater than anticipated. State v. Blanchard, 2000-1147 (La.4/20/01), 786 So.2d 701; State v. Thompson, 414 So.2d 1218 (La.1982); State v. Deakle, 372 So.2d 1221 (La.1979). It is not unreasonable for a trial court to deny a defendant the luxury of gambling on his sentence, then withdrawing his plea if and when he discovers, before imposition, the sentence is not to his liking. State v. Deakle, supra; State v. Johnson, 260 La. 902, 257 So.2d ... ...
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State v. Greer
...before imposition, the sentence is not to his liking. State v. Banks, 457 So.2d 1264, 1266 (La.App. 1st Cir.1984) (citing State v. Deakle, 372 So.2d 1221 (La.1979)). However, if a plea rests in any significant degree on an agreement or promise by the prosecutor so that it can be viewed as p......
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State v. Waguespack
... ... It is not unreasonable for a trial court to deny a defendant the luxury of gambling on his sentence, then withdrawing his plea if and when he discovers, before imposition, the sentence is not to his liking. State v. Banks, 457 So.2d 1264, 1266 (La.App. 1st Cir.1984) (citing State v. Deakle, 372 So.2d 1221 (La.1979)) ... The suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material to either guilty or punishment ... Page 1083 ... Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, ... ...
