Cited by
Opinions in Louisiana that cite State v. Shelton, 621 So. 2d 769.
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State v. Randall
51 So. 3d 799
La. Ct. App. 1st Cir. 2010
4 Cir. 7/24/96) , , this Court discussed the procedural requirements for objecting to the sufficiency of State’s evidence regarding a defendant’s prior convictions as follows: the Louisiana Legislature amended La.
- State v. Moody 38 So. 3d 451 La. Ct. App. 1st Cir. 2010
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State v. Jones
35 So. 3d 1162
La. Ct. App. 1st Cir. 2010
State v. Zachary, 01-3191, p. 3 (La.10/25/02), (per curiam), -80 (La.1993); State v. Fleming, 04-1218, p. 4 (La.App.
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State v. Woods
38 So. 3d 391
La. Ct. App. 1st Cir. 2010
Jones , 08-466 at 7, 998 So.2d at 183 .
- State v. Lane 38 So. 3d 413 La. Ct. App. 5th Cir. 2010
- State v. Lanieux 42 So. 3d 979 La. Ct. App. 1st Cir. 2010
- State v. Jones 33 So. 3d 306 La. Ct. App. 1st Cir. 2010
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State v. Sandoval
32 So. 3d 914
La. Ct. App. 1st Cir. 2010
The Louisiana Supreme Court explained the State’s burden in a -780 (La.1993), as follows: If the defendant denies the allegations of the bill of information, the burden is on the State to prove the existence of the prior guilty pleas and that defendant was represented by counsel when they were taken.
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State v. Turner
32 So. 3d 277
La. Ct. App. 2d Cir. 2010
the Louisiana Supreme Court explained the process of proving prior felony convictions in habitual offender proceedings under La.
- State v. Otero 31 So. 3d 1125 La. Ct. App. 1st Cir. 2010
- State v. Sopczak 25 So. 3d 250 La. Ct. App. 1st Cir. 2009
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State v. Wallace
26 So. 3d 176
La. Ct. App. 2d Cir. 2009
15:529.1 : If the defendant denies the allegations of the bill of information, the burden is on the State to prove the existence of the prior guilty pleas and that defendant was represented by counsel when they were taken.
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State v. Balsano
11 So. 3d 475
La. 2009
15:529.1, 7 applications later described by the Court as “an aberration,” n. 11 (La.1993), has now become the rule for collateral attacks in post-conviction proceedings for all final guilty pleas no matter when they occur.
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State v. Jackson
4 So. 3d 131
La. Ct. App. 1st Cir. 2009
Therefore, as conceded by the State, the State only proved that the defendant was a second offender, -780 (La.1993) (discussing State’s burden of proof in multiple bill proceedings), and the trial court erred by finding him to be a third offender and sentencing him as such.
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State v. VanBuren
3 So. 3d 552
La. Ct. App. 1st Cir. 2008
-780 (La.1993), the Supreme Court stated: If the defendant denies the allegations of the bill of information, the burden is on the State to prove the existence of the prior guilty pleas and that defendant was represented by counsel when they were taken.
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State v. Lemon
3 So. 3d 20
La. Ct. App. 1st Cir. 2008
4 -80 (La.1993); State v. Thomas, 06-654, p. 7 (La.App.
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State v. Capers
998 So. 2d 885
La. Ct. App. 2d Cir. 2008
15:529.1 : If the defendant denies the allegations of the bill of information, the burden is on the State to prove the existence of the prior guilty pleas and that defendant was represented by counsel when they were taken.
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State v. Zachary
995 So. 2d 631
La. 2008
Thereafter, this court granted the State's writ, of showing that the defendant had entered an informed and voluntary no contest plea in Florida to a crime that is the equivalent of a felony offense in Louisiana, and remanded the matter.
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State v. Tassin
998 So. 2d 278
La. Ct. App. 3d Cir. 2008
In State v. Carlos, 98-1366, pp. 6-7 (La.7/7/99), (footnotes omitted), the Louisiana Supreme Court discussed the burdens of proof in recidivism proceedings as follows: In Shelton [ v. Shelton, ], this Court recognized that Boykin [ v. Alabama, 395 U.S. 238 , 89 S.Ct.
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State v. Evans
998 So. 2d 197
La. Ct. App. 1st Cir. 2008
le, a guilty plea form, a minute entry, an "imperfect" transcript, or any combination thereof, the judge then must weigh the evidence submitted by the defendant and by the State to determine whether the State has met its burden *203 of proving that the defendant's prior guilty plea was informed and voluntary, and made with an articulated waiver of the three Boykin rights.[ [4] ] -80 (La.1993)(footnotes omitted).
- State v. Jones 998 So. 2d 178 La. Ct. App. 5th Cir. 2008
- State v. Massie 986 So. 2d 254 La. Ct. App. 1st Cir. 2008
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State v. Gullette
975 So. 2d 753
La. Ct. App. 2d Cir. 2008
[6] The minutes for the 1999 the existence of this prior guilty plea and that defendant was represented by counsel when it was entered.
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State v. Jenkins
977 So. 2d 142
La. Ct. App. 5th Cir. 2008
State v. Muhammad, 03-419, p. 3 (La.App.
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State v. Calhoun
974 So. 2d 805
La. Ct. App. 2d Cir. 2008
Alternatively, the defendant argues that if the state met its initial burden, then the *813 (La.
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State v. Fields
973 So. 2d 973
La. Ct. App. 2d Cir. 2008
15:529.1 : If the defendant denies the allegations of the bill of information, the burden is on the State to prove the existence of the prior guilty pleas and that defendant was represented by counsel when they were taken.
- State v. Brister 966 So. 2d 1249 La. Ct. App. 1st Cir. 2007
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State v. Clesi
967 So. 2d 488
La. 2007
of showing an infringement of his rights in the taking of the guilty pleas.
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State v. Braziel
968 So. 2d 853
La. Ct. App. 2d Cir. 2007
-780 (La.1993)(footnotes omitted); State v. Zeigler, 41,617 (La.App.2d Cir.12/20/06), .
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State of Louisiana v. Frederick James Collette
La. Ct. App. 3d Cir. 2007
-80 (La.1993) (footnotes omitted), the supreme court discussed the burden of proof at habitual offender hearings as follows: If the defendant denies the allegations of the bill of information, the burden is on the State to prove the existence of the prior guilty pleas and that defendant
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State v. Brown
966 So. 2d 727
La. Ct. App. 2d Cir. 2007
-780 (La.1993)(footnotes omitted); State v. Zeigler, 41,617 (La.App.
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State v. Henry
966 So. 2d 692
La. Ct. App. 2d Cir. 2007
State v. Zeigler, 41,617 (La.App.2d Cir.12/20/06)
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State v. Dudley
984 So. 2d 11
La. Ct. App. 1st Cir. 2007
(5) The trial court erred in finding defendant to be a
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State v. Bowers
965 So. 2d 959
La. Ct. App. 2d Cir. 2007
Ms. Bowers argued that the Texas minutes were not a
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State v. Barrett
963 So. 2d 1072
La. Ct. App. 2d Cir. 2007
Barrett argues that a defendant is entitled to a transcript of a plea hearing to use in proving that his guilty plea was not made knowingly and voluntarily.
- State of Louisiana v. Thomas Swaggart La. Ct. App. 3d Cir. 2007
- State v. Swaggart 956 So. 2d 707 La. Ct. App. 1st Cir. 2007
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State v. Wilson
956 So. 2d 41
La. Ct. App. 4th Cir. 2007
In addition, -780 (La.1993), where the Court discussed the burdens of proof in multiple bill proceedings: If the defendant denies the allegations of the bill of information, the burden is on the State to prove the existence of the prior guilty pleas and that defendant was represented by counsel when they were taken.
- State v. Thomas 951 So. 2d 372 La. Ct. App. 5th Cir. 2007
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State v. Gray
948 So. 2d 335
La. Ct. App. 2d Cir. 2007
the supreme court explained the process of proving prior felony convictions in habitual offender proceedings under La.
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State v. Alo
948 So. 2d 275
La. Ct. App. 5th Cir. 2006
In its writ application, -780 (La.1993), because the evidence submitted at the hearing was sufficient to prove the existence of the Hawaii guilty plea and that the defendant was represented by counsel.
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State v. Darensbourg
948 So. 2d 1128
La. Ct. App. 5th Cir. 2006
State v. Zachary, 01-3191 (La.10/25/02), , -780 (La.1993).
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State v. Dozier
949 So. 2d 502
La. Ct. App. 4th Cir. 2006
-780 (La.1993), the Court set forth the burdens of proof in multiple bill proceedings: If the defendant denies the allegations of the bill of information, the burden is on the State to prove the existence of the prior guilty pleas and that defendant was represented by counsel when they were taken.
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State v. Zeigler
945 So. 2d 946
La. Ct. App. 2d Cir. 2006
-780 (La.1993), the Louisiana Supreme Court explained the process of proving prior felony convictions in habitual offender proceedings under La.
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State v. Morgan
948 So. 2d 199
La. Ct. App. 5th Cir. 2006
The state responds that defendant offered no affirmative evidence at the multiple bill hearing to establish an infringement of his rights or a procedural irregularity and, therefore
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State v. Jones
940 So. 2d 131
La. Ct. App. 2d Cir. 2006
-780 (La.1993), the Louisiana Supreme Court explained the shifting burden of proof in multiple offender hearings as follows: If the defendant denies the allegations of the bill of information, the burden is on the State to prove the existence of the prior guilty pleas and that defendant was represented by counsel
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State v. Davis
937 So. 2d 5
La. Ct. App. 2d Cir. 2006
[2] the state's initial burden was to prove the existence of the prior guilty pleas and that defendant was represented by counsel when they were taken.
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State v. Shaw
939 So. 2d 519
La. Ct. App. 2d Cir. 2006
215:529.1 or State v. Shelton, 92-3070 (La.7/1/93), .
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State v. James
938 So. 2d 1191
La. Ct. App. 2d Cir. 2006
Secondly, by providing proof that the prior guilty pleas were voluntary and that he was represented by counsel.
- State v. King 935 So. 2d 354 La. Ct. App. 2d Cir. 2006