From Casetext: Smarter Legal Research

State v. Bourgeois

Court of Appeal of Louisiana, Third Circuit
Feb 28, 1989
541 So. 2d 926 (La. Ct. App. 1989)

Opinion

No. K89-194.

February 28, 1989.

APPEAL FROM 30TH JUDICIAL DISTRICT COURT, VERNON PARISH, STATE OF LOUISIANA, HONORABLE TED BROZLER, J.

David Bourgeois, St. Gabriel, pro se.

William E. Tilley, Dist. Atty., Leesville, for respondents.

Before STOKER, DOUCET and YELVERTON, JJ.


WRIT GRANTED AND MADE PEREMPTORY IN PART AND WRIT DENIED IN PART:

Assignment of Error No. 1:

Writ Granted and Made Peremptory: The record fails to reflect that the trial judge advised the relator of the dangers and disadvantages of self-representation at the time relator waived his right to counsel and entered a guilty plea to the charge of simple burglary in docket #37,575 of the Thirtieth Judicial District Court. State v. Washington, 421 So.2d 887 (La. 1982). Without such advisement, relator's waiver of counsel was not intelligently and voluntarily made. La.C.Cr.P. art. 514. Accordingly, relator's conviction and sentence are vacated and set aside and the case is remanded to the district court for further proceedings in accordance with law.

Assignment of Error Nos. 2 and 3: Writ Denied: There is no error in the trial court's ruling.


Summaries of

State v. Bourgeois

Court of Appeal of Louisiana, Third Circuit
Feb 28, 1989
541 So. 2d 926 (La. Ct. App. 1989)
Case details for

State v. Bourgeois

Case Details

Full title:STATE OF LOUISIANA v. DAVID W. BOURGEOIS. IN RE DAVID W. BOURGEOIS

Court:Court of Appeal of Louisiana, Third Circuit

Date published: Feb 28, 1989

Citations

541 So. 2d 926 (La. Ct. App. 1989)

Citing Cases

State v. Whatley

The Third Circuit Court of Appeal has repeatedly required the trial court meet the following requirements in…

State v. Stapleton

The Third Circuit Court of Appeal has repeatedly required the trial court meet the following requirements in…