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State v. Anderson

Supreme Court of Louisiana
Mar 19, 1999
732 So. 2d 517 (La. 1999)

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. Holladay

Opinion

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.


Summaries of

State v. Anderson

Supreme Court of Louisiana
Mar 19, 1999
732 So. 2d 517 (La. 1999)

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. Holladay

In State v. Anderson, 98-2977 (La. 3/19/99), 732 So.2d 517, the court found, "Advice with respect to the defendant's sentencing exposure may facilitate the taking of a voluntary guilty plea..., but it has never formed part of [the Louisiana Supreme Court's] core Boykin [v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969)] requirements for the entry of a presumptively valid guilty plea in any case."

Summary of this case from State v. Manson

In State v. Anderson, 98-2977 (La. 3/19/99), 732 So.2d 517 (per curiam), the supreme court stated that advice with respect to the defendant's sentencing exposure has never formed part of the core Boykin requirements for the entry of a presumptively valid guilty plea in any case.

Summary of this case from State v. Anderson

In State v. Anderson, 98-2977 (La. 3/19/99), 732 So.2d 517, which dealt with predicate offenses for third offense DWI, the court cited LaFleur and La.C.Cr.P. art. 556.1, and noted that while advice as to defendant's sentencing exposure may facilitate the taking of a knowing and voluntary guilty plea, that advice has never formed part of the Court's core Boykin requirements for a presumptively valid guilty plea.

Summary of this case from State v. White

In State v. Anderson, 98-2977 (La. 3/19/99), 732 So.2d 517, which dealt with predicate offenses for DWI, Third, the court cited LaFleur and La.C.C.P. art. 556.1, and noted that while advice as to defendant's sentencing exposure may facilitate the taking of a knowing and voluntary guilty plea, that advice has never formed part of the Court's core Boykin requirements for a presumptively valid guilty plea.

Summary of this case from State v. Johnson
Case details for

State v. Anderson

Case Details

Full title:STATE OF LOUISIANA v. STEVEN L. ANDERSON

Court:Supreme Court of Louisiana

Date published: Mar 19, 1999

Citations

732 So. 2d 517 (La. 1999)

Citing Cases

State v. White

While the Supreme Court has never reversed LaFleur, supra, or retracted its rationale, it has noted that the…

State v. Wells

Even though "advice with respect to the defendant's sentencing exposure may facilitate the taking of a…