23468-KH Precedential Processed

State v. Powell

Louisiana Court of Appeal, Second Circuit · Filed August 29, 1991 · 584 So. 2d 1252

Cited by

State of Louisiana v. Nancy Rogers A/K/A Nancy Lynn Rogers La. Ct. App. 3d Cir. 2022
State of Louisiana v. John Jacob Farris La. Ct. App. 3d Cir. 2010
State v. Farris 53 So. 3d 537 La. Ct. App. 1st Cir. 2010
State v. Brooks 882 So. 2d 724 La. Ct. App. 2d Cir. 2004
State of Louisiana v. Delano Sutton La. Ct. App. 3d Cir. 2004
State v. Sutton 879 So. 2d 419 La. Ct. App. 3d Cir. 2004
State v. Wagley 828 So. 2d 116 La. Ct. App. 2d Cir. 2002
State v. Collins 677 So. 2d 500 La. Ct. App. 3d Cir. 1996
State v. Harris 649 So. 2d 796 La. Ct. App. 2d Cir. 1995
State v. Lapoint 635 So. 2d 554 La. Ct. App. 3d Cir. 1994
State v. Romano 627 So. 2d 766 La. Ct. App. 1st Cir. 1993
State v. Fletcher 624 So. 2d 470 La. Ct. App. 2d Cir. 1993

Opinion text

584 So.2d 1252 (1991) STATE of Louisiana v. Anthony W. POWELL. No. 23468-KH. Court of Appeal of Louisiana, Second Circuit. August 29, 1991. Anthony W. Powell, in pro. per. Don M. Burkett, Dist. Atty., Mansfield, for appellee. Before SEXTON, HIGHTOWER and STEWART, JJ. *1253 ORDER WRIT GRANTED AND MADE PEREMPTORY. In this post-conviction relief application, one of applicant's contentions in which we find merit is that his guilty plea is constitutionally infirm. The plea colloquy indicates that the applicant denied committing the offense to which he was charged, although he did indicate a willingness to plead guilty, nevertheless. When a guilty plea is otherwise voluntary, there is no necessity to ascertain a factual basis for that plea unless the accused asserts his innocence or for some other reason the trial judge is put on notice that there is a need for such an inquiry. In such a circumstance, as occurred here, due process requires a judicial finding of a significant factual basis for the defendant's plea. North Carolina v. Alford, 400 U.S. 25 , 91 S.Ct. 160 , 27 L.Ed.2d 162 (1970); Banks v. McGougan, 717 F.2d 186 (5th Cir.1983); Willett v. Georgia, 608 F.2d 538 (5th Cir.1979). Such did not occur in the instant case. The applicant's guilty plea is therefore set aside, and the cause is remanded to the trial court for further proceedings. This disposition alleviates the necessity to consider the applicant's other contentions.