88-K-0261 Precedential Processed

State v. Jones

Louisiana Supreme Court · Filed April 12, 1988 · 522 So. 2d 560

Cited by

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State v. Young 271 So. 3d 422 La. Ct. App. 1st Cir. 2019
STATE OF LOUISIANA VERSUS PRESTON KINCHEN AKA STEVEN HALL AKA STEVEN WEBB La. Ct. App. 3d Cir. 2011
State v. Kinchen 71 So. 3d 344 La. Ct. App. 1st Cir. 2011
State of Louisiana v. Thomas Eaglin AKA Eaglin Thomas AKA Thomas H. Eaglin La. Ct. App. 3d Cir. 2011
State v. Dunn 769 So. 2d 673 La. Ct. App. 1st Cir. 2000
State v. Perkins 762 So. 2d 67 La. Ct. App. 5th Cir. 2000
State v. Scamardo 708 So. 2d 1126 La. Ct. App. 5th Cir. 1998
State v. Edwards 537 So. 2d 855 La. Ct. App. 1st Cir. 1989

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State v. Jones 404 So. 2d 1192

Opinion text

522 So.2d 560 (1988) STATE of Louisiana v. Robert E. JONES. No. 88-K-0261. Supreme Court of Louisiana. April 7, 1988. Dissenting Opinion April 12, 1988. Denied. MARCUS, DENNIS and LEMMON, JJ., would grant the writ. The court of appeal opinion clearly conflicts with our decision in State v. Jones, 404 So.2d 1192 (La.1981). LEMMON, Justice, dissenting. This is a direct review of a guilty plea rather than a collateral attack on the plea. If the colloquy at the guilty plea was insufficient to establish that defendant entered the plea knowingly, intelligently and voluntarily, then State v. Jones, 404 So.2d 1192 (La.1981), precludes this DWI conviction from being used in the future as a predicate offense to enhance the penalty in a subsequent DWI conviction. However, any deficiency in this colloquy on direct review does not affect this conviction under Jones unless an actual jail sentence was imposed. [1] NOTES [1] Under Jones a Boykin -type examination in a misdemeanor guilty plea is required only to impose an actual jail sentence for the present conviction OR to use the present conviction as the basis for enhancing the penalty in a future conviction.