State v. Campbell, 799 So. 2d 1136 (La. 2001). · Go Syfert
State v. Campbell, 799 So. 2d 1136 (La. 2001). Cases Citing This Book View Copy Cite
30 citation events (30 in the last 25 years) across 2 distinct courts.
Strongest positive: State v. Richardson (lactapp, 2010-02-09)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) State v. Richardson
La. Ct. App. · 2010 · confidence medium
Grant , 04-341 at 4-5, 887 So.2d at 598 ; State v. Massey, 02-872, p. 7 (La.App. 5 Cir. 2/11/03), 841 So.2d 862 , *910 865, writ denied, 03-0805 (La.10/17/03), 855 So.2d 758 (citing State v. Campbell, 01-0329, p. 1 (La.11/2/01), 799 So.2d 1136, 1136 (per curiam)).
discussed Cited as authority (rule) State v. Fontenberry
La. Ct. App. · 2009 · confidence medium
However, “[a]n appellate court should refrain from employing errors patent review to set aside guilty pleas about which the defendant makes no complaint and which resulted in dispositions of the cases favorable to the defendant.” State v. Campbell, 01-0329 (La.11/2/01), 799 So.2d 1136, 1136 (citing State v. Guzman, 99-1528, p. 6 (La.5/16/00), 769 So.2d 1158, 1162 ).
discussed Cited "see" State of Louisiana Versus Brett H Elmer
La. Ct. App. · 2024 · signal: see · confidence high
See State v. Campbell, 01-329 (La. 11/2/01), 799 So.2d 1136 (stating that an appellate court should refrain from employing error patent review to set aside a guilty plea about which the defendant makes no complaint, and which results in a disposition of the case favorable to the defendant (citing State v. Guzman, 99-1528 (La. 5/16/00), 769 So.2d 1158, 1162 )).6 Here, the defendant knowingly pled guilty as a 5 Additionally, the multiple offender UCO provides: “This sentence shall be concurrent with any or every sentence the offender is now serving,” and “Count 1 & 2 are to run concurrent …
discussed Cited "see" State v. Smith (2×)
La. Ct. App. · 2009 · signal: see · confidence high
See State v. Campbell, 01-0329 (La.11/2/01), 799 So.2d 1136 .
cited Cited "see, e.g." State v. Clement
La. Ct. App. · 2012 · signal: see also · confidence low
See also Turner, 10-995 at 6, 75 So.3d at 494 (citing State v. Campbell, 01-0329 (La.11/2/01), 799 So.2d 1136 (per curiam)).
Retrieving the full opinion text from the archive…
STATE of Louisiana
v.
David CAMPBELL.
2001-K-0329.
Supreme Court of Louisiana.
Nov 2, 2001.
799 So. 2d 1136
Per Curiam.
Cited by 23 opinions  |  Published

PER CURIAM.

Granted in part; denied in part. The decision of the court of court of appeal is vacated to the extent that it sets aside respondent's guilty pleas to two counts of attempted possession of a firearm by a convicted felon, in violation of La. R.S. 14:27; 14:95.1, and one count of aggravated battery, in violation of La. R.S. 14:34. An appellate court should refrain from employing errors patent review to set aside guilty pleas about which the defendant makes no complaint and which resulted in dispositions of the cases favorable to the defendant. State v. Guzman, 99-1528, p. 6 (La.5/16/00), 769 So.2d 1158, 1162 (discouraging the practice in "recently encountered cases in which an intermediate court reversed a conviction, arising from a plea bargain, based on an error that the defendant deliberately chose not to raise because[*1137] the defendant was satisfied with the plea bargain."). In the present case, on his three guilty pleas, defendant received concurrent terms of nine months imprisonment at hard labor with credit for time served, essentially a sentence to time served from the date of his arrest to the date of his guilty pleas. We find no indication that those guilty pleas were conditioned on the outcome of defendant's conviction for possession of cocaine with intent to distribute, La. R.S. 40:967(B)(1), about which he did complain on appeal. The court of appeal set aside that conviction on grounds that the trial court erred in denying the defendant's motion to suppress the evidence. We find no error in that aspect of the court of appeal's opinion. While we do not endorse that court's discussion of whether the state satisfied its burden at the multiple offender hearing of negating the 10 year cleansing period provided by La. R.S. 15:529.1(C), with respect to defendant's 1983 manslaughter conviction, that issue has been rendered moot by reversal of the underlying cocaine conviction. Accordingly, in all other respects the state's application is denied.