Opinion
4 Div. 208.
May 29, 1973.
Appeal from Circuit Court, Geneva County; Mike Sollie, III, Judge.
Joseph P. Hughes, Geneva, for appellant.
Defendant's guilty plea was not valid, even though the trial court ascertained that defendant realized that he could go to trial by jury, that he knew what might be the consequences of a jury trial, and the Court informed him of his right against incriminating himself, where there was no showing in the record that defendant was advised of his right to confront his accusers, of his right to a public trial, of his right to choose to waive the right against self-incrimination and testify in his own behalf, and of his right to subpoena defense witnesses and have compulsory process for their attendance. Boykin v. State of Ala., 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274; Cooper v. State, 47 Ala. App. 178, 252 So.2d 104; Billy Don Clark v. State, 48 Ala. App. 108, 262 So.2d 310; Hawkins v. State, 49 Ala. App. 26, 268 So.2d 492. Colloquy preceding acceptance of guilty pleas was so deficient as to require reversal where there were omissions in informing defendant as to his right to a public trial, the fact that the verdict of guilty must come from a jury of twelve, the defendant's rights against self-incrimination, the right to choose to waive that right and testify in one's own behalf, the right to confront and cross-examine one's accusers, i. e., all prosecution witnesses, and the right to subpoena defense witnesses and have compulsory process for their attendance. supra.
No Brief for appellee.
Patrick Nance on a plea of guilty was convicted of the offense of murder in the second degree by the Circuit Court of Geneva County, Sollie, J., and he appealed. The appeal was submitted on the brief of the appellant.
On May 29, 1973, the following order was entered in this appeal:
"May 29, 1973. It is Ordered that the judgment of the Circuit Court be reversed and remanded on authority of Boykin v. Ala., 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274. (No Opinion) Cates, Presiding Judge. All the judges concur."
Reversed and remanded.