NO. 2015 KW 0936
In Re: Ronald P. Beechler, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 537984. BEFORE: WHIPPLE, C.J., WELCH AND DRAKE, JJ.
WRIT DENIED. The criminal court minutes reflect that relator was advised by the court of the right to appeal, and he waived the right when he voluntarily entered the guilty pleas. A validly entered guilty plea dispenses with any appellate review of the State's case against the defendant. See State v. Hardy, 39,233 (La. App. 2d Cir. 1/26/05), 892 So.2d 710, 712. See also La. Code Crim. P. art. 881.2(A)(2).
Welch, J., dissents in part, and would grant the writ regarding relator's request for an out-of-time appeal. Relator has alleged a claim in the application for postconviction relief which, if established, would entitle him to relief. See La. Code Crim. P. art. 927. There is a constitutional right in Louisiana to an appeal. The right to an appeal can only be waived by the defendant himself, and any waiver of the right must be an informed waiver. State v. Simmons, 390 So.2d 504, 506 (La. 1980). A trial court is required to grant an out-of-time appeal if the defendant establishes he was not advised of the right to appeal or if the defense attorney was at fault in failing to file or perfect a timely appeal. State v. Counterman, 475 So.2d 336, 339 (La. 1985). Moreover, an attorney who disregards a defendant's specific instructions to file a notice of appeal acts in a professionally unreasonable manner. Roe v. Flores-Ortega, 528 U.S. 470, 120 S.Ct. 1029, 145 L.Ed.2d 985 (2000). COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT