State v. Mitchell
State v. Mitchell, 561 So. 2d 819 (La. Ct. App. 2d Cir. 1990).
Cited by
- State v. Reynolds 716 So. 2d 485 La. Ct. App. 5th Cir. 1998
- State v. Hill 714 So. 2d 814 La. Ct. App. 2d Cir. 1998
- State v. Franklin 714 So. 2d 162 La. Ct. App. 2d Cir. 1998
- State v. Jones 691 So. 2d 858 La. Ct. App. 2d Cir. 1997
- State v. Powell 674 So. 2d 1057 La. Ct. App. 2d Cir. 1996
- State v. Cassels 669 So. 2d 715 La. Ct. App. 2d Cir. 1996
- State v. Cassels 662 So. 2d 861 La. Ct. App. 1st Cir. 1995
- State ex rel. C.H. 595 So. 2d 713 La. Ct. App. 1st Cir. 1992
- State v. Combs 567 So. 2d 733 La. Ct. App. 2d Cir. 1990
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Young 535 So. 2d 1150
- State v. Watts 550 So. 2d 711
- State v. Whitaker 543 So. 2d 1073
- State Ex Rel. Halvorsen v. Blackburn 388 So. 2d 806
Opinion text
561 So.2d 819 (1990) STATE of Louisiana, Appellee, v. Reginald MITCHELL, Appellant. No. 21632-KA. Court of Appeal of Louisiana, Second Circuit. May 9, 1990. Indigent Defender Office by Richard E. Hiller, Shreveport, for appellant. William J. Guste, Jr., Atty. Gen., Baton Rouge, Paul J. Carmouche, Dist. Atty., Shreveport, Powell Layton and Tommy J. Johnson, Asst. Dist. Atty., Shreveport, for appellee. Before MARVIN, LINDSAY and HIGHTOWER, JJ. MARVIN, Judge. After being charged with possession of cocaine with intent to distribute and bargaining to plead guilty to attempting to commit that crime, Reginald Mitchell appeals, as excessive, his sentence to five years at hard labor. LRS 14:27, 40:967. The record does not affirmatively show that Mitchell was advised of the range of penalties for the offense to which he pleaded. This constitutes error patent because we cannot determine from the record that the plea was knowingly and intelligently made and thus, voluntary. Due process requires this. State v. Young, 535 So.2d 1150 (La.App. 2d Cir.1988); State v. Watts, 550 So.2d 711 (La.App. 2d Cir.1989). Compare State v. Whitaker, 543 So.2d 1073 (La.App. 2d Cir.1989). The plea will not be categorically vacated, however, because the due process requirement for a knowing and intelligent, or voluntary, plea may be satisfied either by the court or by explanation from defense counsel that defendant was counseled before the plea was entered. See State ex rel. Halvorsen v. Blackburn, 388 So.2d 806 (La.1980). We conditionally vacate the conviction and sentence to allow the trial court to hold a hearing and make the determination. If it is determined that the plea was knowingly and intelligently entered after Mitchell was counseled about his sentencing exposure, the record shall be supplemented accordingly and Mitchell may then be granted an appeal of that determination and the sentence which he here complains is excessive. If it is determined that the plea was not knowingly and intelligently entered, the plea shall be set aside and further prosecution of the defendant may be undertaken. *820 DECREE The conviction and sentence are conditionally vacated and the case is remanded for further proceedings, within a reasonable time, consistent with this opinion.