State Of Louisiana v. Carlos Alberto Rodriguez ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2019 KW 1619
VERSUS
CARLOS ALBERTO RODRIGUEZ FEB 28 2020
In Re: Carlos Alberto Rodriguez, applying for supervisory
writs, 22nd Judicial District Court, Parish of St.
Tammany, No. 465867-1.
BEFORE : GUIDRY, HIGGINBOTHAM, AND LANIER, JJ.
WRIT DENIED. Relator failed to rebut the presumption that
he waived his right to testify. See State v. Hampton, 2000-0522
{La. 3/22/02), B18 Se.2d 720. Relator makes conclusory
statements concerning the investigation of witnesses in this
case, and he also failed to meet his burden cf showing that
counsel’s assistance was so defective as to require reversal of
the conviction. see Strickland v. Washington, 466 U.S. 668,
687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984). See also
State v. Castaneda, 94-1118 (La. App. lst Cir. 6/23/95), 658
So.fd 297, 306, Furthermore, looking at the full comment in
context, it is clear that the prosecutor was not vouching for
the credibility of the State’s witness; but rather, the
prosecutor’s statements were in direct response to defense
counsel’s closing arguments. La. Code Crim. P. art. 774; State
v. Williams, 96-1023 (La. 1/21/98), 708 So.2d 703, 715, cert.
denied, 525 U.S. 838, 119 S.ct. 99, 142 L.Ed.2d 79 (1998); State
v. Palmer, 2000-0216 (La. App. ist Cir. 12/22/00), 775 So.2d
1231, 1236, writ denied, 2001-0211 (La. 1/11/02), 807 So.2d
224. Accordingly, the district court did not err by denying the
application for postconviction relief.
JMG
WIL
Higginbotham, J., concurs.
COURT OF APPEAL, FIRST CIRCUIT
tn Aad
DEPUTY CLERK’ OF COURT
FOR THE COURT