Summary
In State v. Anderson, 1998-2977 (La. 03/19/99), 732 So.2d 517, the supreme court held that advice as to sentencing exposure has never been part of the core Boykin requirements for the entry of a presumptively valid guilty plea.
Summary of this case from State v. HolladayOpinion
No. 98-K-2977
March 19, 1999
IN RE: State of Louisiana; — Plaintiff(s); Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Second Circuit, Number 30901-KA; Parish of Caddo 1st Judicial District Court Div. "B" Number 186,107
Granted. See order.
PFC
WFM
CDK
JPV
CDT
JTK
LEMMON, J. would grant and docket.
JOHNSON, J. not on panel.
On Writ of Certiorari to the Third Circuit Court of Appeal
Granted. The en banc judgment of the court of appeal is vacated, the defendant's conviction and sentence for third offense DWI are reinstated, and this case is remanded to the district court for execution of sentence. The transcript of defendant's January, 1995 guilty plea colloquy accompanying his conviction for first offense DWI shows minimal but adequate compliance with this Court's decision in State v. Jones, 404 So.2d 1192 (La. 1982). The defendant was represented by counsel and nothing in the contemporaneous records of the guilty plea undercuts the presumption that counsel explained the nature of the charge in sufficient detail that the defendant had notice of what his plea asked him to admit. Henderson v. Morgan, 426 U.S. 637, 644-46, 96 S.Ct. 2253, 2257, 49 L.Ed.2d 108 (1976). Advice with respect to the defendant's sentencing exposure may facilitate the taking of a voluntary guilty plea, see State ex rel. LaFleur v. Donnelly, 416 So.2d 82, 84 (La. 1982); La.C.Cr.P. art. 556.1(A) (1) (1997 La. Acts 1061), but it has never formed part of this Court's core Boykin requirements for the entry of a presumptively valid guilty plea in any case. See State v. Nuccio, 454 So.2d 93, 104 (La. 1984); state v. Baum, 95-0384 La.App. 3d Cir. 10/4/95), 663 So.2d 285, 288, writ denied, 95-2685 (La. 2/9/96), 667 So.2d 528.