Legal Opinion · Concurrence

State v. Lewis

Louisiana Court of Appeal

Decided February 25, 2009No. Nos. 43,927-KA, 43,928-KAPublished

1ConcurrenceBrown, Chief Judge

| TJust prior to a jury trial defendant entered a plea of guilty to all five counts pursuant to a plea bargain. Under that agreement, by making four counts run concurrently, the sentencing range was limited to a maximum (cap) of sixty years. During the Boykinization,1 the trial judge specifically asked, “Do you understand you’re waiving any appeal rights that you *295may have?” Defendant responded affirmatively.

La. C. Cr. P. art. 881.2A(2) provides that: “[t]he defendant cannot appeal or seek review of a sentence imposed in conformity with a plea agreement which was set forth in the record at the…

2Cases cited3 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. State v. SmithLouisiana Court of Appeal · 2005
  3. State v. HoneycuttLouisiana Court of Appeal · 2002

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