Summary
In State v. Harris, 95-0900 (La. 5/19/95), 654 So.2d 680 (per curiam),the Louisiana Supreme Court reinstated the petitioner's adjudication and sentence as a habitual offender, reversing the court of appeal's ruling that the trial court failed to advise the petitioner of his rights at the habitual offender hearing before the defense counsel stipulated to the petitioner's identity.
Summary of this case from State v. BrooksOpinion
No. 95-KK-0900
May 19, 1995
IN RE: State of Louisiana; — Plaintiff(s); Applying for Writ of Certiorari and/or Review, Supervisory and/or Remedial Writs; Parish of Calcasieu 14th Judicial District Court Div. "A" Number 4350-92; to the Court of Appeal, Third Circuit, Number KW94 1328.
Granted. See per curiam.
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JOHNSON, J. not on panel.
On application for post-conviction relief, the court of appeal reversed petitioner's adjudication and sentence as a multiple offender on the grounds that the trial court failed to advise him of his rights at the habitual offender hearing pursuant to La.R.S. 15:529.1 (D) before defense counsel stipulated to petitioner's identity. The State of Louisiana seeks review of that ruling.
Admissions of identity at a multiple offender hearing implicate the defendant's Fifth Amendment privilege against self-incrimination. State v. Johnson, 432 So.2d 815 (La. 1983). Nevertheless, multiple offender proceedings "simply should not be equated (at least for purposes of determining the validity of an admission) to trials of guilt or innocence." State v. Martin, 427 So.2d 1182, 1185 (La. 1983). This Court has therefore declined to adopt as a constitutional prerequisite to a valid admission of identity at a multiple offender proceeding a procedure analogous to the Boykin colloquy which must accompany a valid plea of guilty. Id., 427 So.2d at 1185, n. 7. In the absence of any allegation or showing that the admission was involuntary, compare State v. Johnson, supra, the availability of post-conviction relief turns on whether the proceedings as a whole accorded the petitioner fundamental fairness and due process of law. See,Holloway v. Lynaugh, 838 F.2d 792 (5th Cir.), cert. denied, 488 U.S. 838, 109 S.Ct. 104, 102 L.Ed.2d 80 (1988); State v. Firmin, 522 So.2d 1181 (La.App. 4th Cir.), writ denied, 532 So.2d 759 (La. 1988).
In this case, the prosecution introduced and filed into evidence a sworn affidavit from the Department of Corrections to prove that petitioner, Roy Harris, was the same person who was previously convicted of the predicate felonies which led to the multiple bill. Defense counsel made his stipulation in open court and in the presence of the petitioner. A complete review of the transcript reveals that the petitioner was given a fundamentally fair hearing wherein the state proved the prior felony convictions.
Accordingly, the ruling of the court of appeal is reversed and petitioner's adjudication and sentence as an habitual offender are reinstated.