State v. Taylor
| Decision Date | 14 December 1988 |
| Docket Number | No. CR88-452,CR88-452 |
| Parties | STATE of Louisiana, Appellee, v. Larry TAYLOR, Appellant. |
| Court | Court of Appeal of Louisiana — District of US |
Robert Patrick, Lake Charles, for defendant-appellant.
John Sinquefield, Asst. Dist. Atty., Lake Charles, for plaintiff-appellee.
Before GUIDRY, FORET and KNOLL, JJ.
Pursuant to a plea bargain, appellant, Larry Taylor, pleaded guilty to five counts of distributing cocaine, a violation of La.R.S. 40:967(A)(1). Taylor was sentenced to 5 years on each count. The sentences on counts 1, 2 and 3 are to run consecutively, and the sentences on counts 4 and 5 are to run concurrently. This sentence is contrary to the plea bargain agreement wherein both the State and defense counsel recommended that defendant be sentenced to five 5-year sentences, to run concurrently. Taylor now appeals, contending that the trial court erred in refusing to allow him to withdraw his guilty plea based upon a breach of the plea bargain. 1 We agree with Taylor's contention, reverse the conviction, vacate the sentence, and remand to the trial court for further proceedings consistent with this opinion.
Taylor was originally charged with eleven counts of distributing cocaine. He then entered into an agreement with the district attorney and the sheriff's office, wherein he agreed to cooperate fully with the police, identify other narcotics violators, divulge details of all of his crimes, and testify in pertinent state and federal prosecutions. In exchange, Taylor was to be allowed to plead guilty to one count of distributing cocaine and serve a year in the parish jail. This original agreement is surrounded with confusion insofar as there existed both a written plea bargain and an oral plea bargain. Taylor partially complied with this agreement, while portions of the original plea bargain were left unfulfilled. Pursuant to Taylor's motion to compel enforcement of the original plea bargain, the trial court, after hearing, determined that this agreement was unenforceable. 2
Thereafter, a second plea agreement was made wherein Taylor agreed to plead guilty to five counts of distributing cocaine in exchange for the dismissal of six additional charges. Additionally, as part of this second plea bargain, the State and defense counsel agreed to make a joint recommendation that Taylor receive five 5-year sentences, to run concurrently. Taylor was assured that the trial court would accept this recommendation if Taylor's guilty plea was accepted. Taylor was also assured by the State and defense counsel that this joint recommendation would be the only recommendation made to the trial court.
Taylor then pleaded guilty pursuant to the plea bargain to five counts of distributing cocaine. In the pre-sentence report requested by the trial court, John Fryar of the Calcasieu Parish Sheriff's office recommended that Taylor receive consecutive sentences rather than the concurrent sentences negotiated for and made a part of the plea bargain agreement. The trial court then sentenced Taylor to five years for each of his convictions, three of which were to run consecutively. Immediately after sentencing, defense counsel and the State jointly moved to withdraw Taylor's guilty plea. The trial court denied their motion. Taylor now contends that the trial court erred in refusing to allow him to withdraw his guilty plea. The State joins in Taylor's contention. We agree.
A plea of guilty cannot be withdrawn after sentencing, unless it is shown that the facts surrounding the guilty plea render it constitutionally deficient. As stated by the Louisiana Supreme Court in State v. Dixon, 449 So.2d 463, 464 (La.1984):
In the instant case, the conduct of the trial court, in rejecting the joint recommendation of the State and defense counsel and, in the same breath, denying a joint motion to withdraw Taylor's guilty plea, was clear error. The trial court, by accepting a guilty plea entered into pursuant to a plea bargaining agreement,...
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