Cited by
Opinions in Louisiana that cite State v. Shelton, 621 So. 2d 769.
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State v. Allen
788 So. 2d 62
La. Ct. App. 1st Cir. 2001
-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. Dean
789 So. 2d 602
La. Ct. App. 1st Cir. 2001
the Louisiana Supreme Court reviewed the jurisprudence concerning the burden of proof in habitual offender proceedings and found it proper to assign a burden of proof to a defendant who contests the validity of his guilty plea.
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State v. Sanders
784 So. 2d 19
La. Ct. App. 5th Cir. 2001
1709 , 23 L.Ed.2d 274 (1969); State v. Bailey, 713 So.2d at 610 .
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State v. Williams
781 So. 2d 673
La. Ct. App. 2d Cir. 2001
State v. Jackson, 31,433 (La.App.2d Cir.1/20/99), , writ denied, 99-2250 (La.12/17/99), ; La.
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State v. Bugbee
781 So. 2d 748
La. Ct. App. 2d Cir. 2001
State v. Jackson, 31,433 (La.App.2d Cir.1/20/99), , writ denied, 99-2250 (La.12/17/99), .
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State v. Robinson
780 So. 2d 1213
La. Ct. App. 2d Cir. 2001
(1993), our supreme court, in light of Parke v. Raley, 506 U.S. 20 , 113 S.Ct.
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State v. Williams
781 So. 2d 682
La. Ct. App. 2d Cir. 2001
State v. Shelton, *690 State v. Jackson, 31,433 (La.App.2d Cir.1/20/99), , writ denied, 99-2250 (La.12/17/99), ; La.
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State v. Lacy
782 So. 2d 47
La. Ct. App. 1st Cir. 2001
-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. Richardson
780 So. 2d 1103
La. Ct. App. 1st Cir. 2001
-780 (La.1993), the Louisiana Supreme Court revised the previous scheme of burdens of proof in habitual offender proceedings, 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 represente
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State v. Theriot
782 So. 2d 1078
La. Ct. App. 5th Cir. 2001
In State v. Carlos, 98-1366 (La.7/7/99), , to the recidivist provisions of the DWI statute.
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State v. Harris
782 So. 2d 1055
La. Ct. App. 5th Cir. 2001
[8] State v. Hollins, 99-278 at p. 21, 742 So.2d at 685; State v. Winfrey, 97-427, pp. 29-30 (La.
- State v. Powell 779 So. 2d 67 La. Ct. App. 1st Cir. 2001
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State v. Briscoe
779 So. 2d 30
La. Ct. App. 4th Cir. 2001
-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. Kreger
774 So. 2d 1273
La. Ct. App. 1st Cir. 2000
In State v. Carlos, 98-1366, pp. 6-7 (La.7/7/99), , are applicable to the recidivist provisions of the DWI statute.
- State v. English 774 So. 2d 1186 La. Ct. App. 2d Cir. 2000
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State v. Weaver
775 So. 2d 613
La. Ct. App. 4th Cir. 2000
-780 (La.1993): 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. Jason 779 So. 2d 865 La. Ct. App. 4th Cir. 2000
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State v. Bryant
775 So. 2d 596
La. Ct. App. 2d Cir. 2000
-780 (La.1993), a case predating La.C.Cr.P.
- State v. Johnson 780 So. 2d 403 La. Ct. App. 1st Cir. 2000
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State v. Green
779 So. 2d 835
La. Ct. App. 4th Cir. 2000
As to the proof of voluntariness, , (La.1993), then cites prior law relative to the sufficiency of various forms of proof on this issue.
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State v. Pendleton
776 So. 2d 1234
La. Ct. App. 5th Cir. 2000
In State v. Carlos, 98-1366 (La.7/7/99), , to the recidivist provisions of the DWI statute.
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State v. Crowell
773 So. 2d 871
La. Ct. App. 4th Cir. 2000
-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. Daniels
773 So. 2d 229
La. Ct. App. 1st Cir. 2000
reviewed the jurisprudence concerning the burden of proof in habitual offender proceedings and found it proper to assign a *231 burden of proof to a defendant who contests the validity of his guilty plea.
- State v. Odom 772 So. 2d 281 La. Ct. App. 2d Cir. 2000
- State v. Davenport 771 So. 2d 837 La. Ct. App. 2d Cir. 2000
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State v. Casse
772 So. 2d 801
La. Ct. App. 5th Cir. 2000
In State v. Carlos, 98-1366 (La.7/7/99), , as applied to multiple offender proceedings, should be extended to the recidivist portions of the DWI statute.
- State v. Burnett 768 So. 2d 783 La. Ct. App. 2d Cir. 2000
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State v. Naquin
769 So. 2d 1170
La. 2000
In State v. Carlos, 98-1366, p. 7 (La.7/7/99), , for multiple offender proceedings conducted under La.Rev.Stat.
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State v. Chisolm
771 So. 2d 205
La. Ct. App. 4th Cir. 2000
The trial court, in its judgment on the motion to quash, noted that, when the appellant objects to the validity of a predicate plea, the State meets its burden of proof if it introduces a "perfect" transcript of the colloquy between the judge and the defendant, in which the defendant is advised of and waives his three Boykin rights, the right to trial by jury, the right agai
- State v. McCurtis 769 So. 2d 150 La. Ct. App. 2d Cir. 2000
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State v. Mayo
770 So. 2d 462
La. Ct. App. 1st Cir. 2000
|4 the Louisiana Supreme Court reviewed the jurisprudence concerning the burden of proof in habitual offender proceedings and found it proper to assign a burden of proof to a defendant who contests the validity of his guilty plea.
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State v. Frickey
769 So. 2d 791
La. Ct. App. 5th Cir. 2000
5 Cir. 2/29/00), , citing State v. Carlos, supra
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State v. Dunn
769 So. 2d 673
La. Ct. App. 1st Cir. 2000
The Louisiana Supreme Court adopted a
- State v. Toca 769 So. 2d 665 La. Ct. App. 1st Cir. 2000
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State v. Madison
768 So. 2d 593
La. 2000
Once the state carries its initial burden of proving the existence of the prior guilty pleas and that the defendant was represented by *594 counsel when he entered the pleas, the burden of production shifts to the defendant to show affirmatively “an infringement of his rights or a procedural irregularity in the taking of the plea.” (footnote omitted), This court has stressed that neither Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct.
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State v. Marshall
774 So. 2d 244
La. Ct. App. 4th Cir. 2000
-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. Loupe
767 So. 2d 884
La. Ct. App. 5th Cir. 2000
In State v. Carlos, 98-1366 (La.7/7/99), , to the recidivist provisions of the DWI statute.
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State v. Simmons
767 So. 2d 918
La. Ct. App. 1st Cir. 2000
5 Cir. 11/16/94) , , writ denied, 94-3076 (La.4/7/95), , for burdens of proof in habitual offender proceedings: If the defendant denies the multiple offender allegations then the burden is on the State to prove (1) the existence of a prior guilty plea, and (2) that defendant was represented by counsel when the plea was taken.
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State v. Jolly
768 So. 2d 165
La. Ct. App. 1st Cir. 2000
5 Cir. 8/31/99) , -685 , this court, summarized the burden of proof in habitual offender proceedings as follows: Where a prior conviction resulted from a guilty plea, the State must show that the defendant was advised of his constitutional rights and that he knowingly waived those rights prior to the guilty plea, as required by Boykin v. Alaba
- State v. Jackson 767 So. 2d 848 La. Ct. App. 5th Cir. 2000
- State v. Bass 767 So. 2d 772 La. Ct. App. 4th Cir. 2000
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State v. Walker
773 So. 2d 735
La. Ct. App. 1st Cir. 2000
-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. Perkins
762 So. 2d 67
La. Ct. App. 5th Cir. 2000
5th Cir. 11/16/94), ; writ denied, 94-3076 (La.4/7/95)
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State v. Lowry
762 So. 2d 1275
La. Ct. App. 5th Cir. 2000
In State v. Carlos, 98-1366 (La.7/7/99), , the Supreme Court extended the burden-shifting principles for habitual offender proceedings, to the recidivist portions of the DWI statute.
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State v. Coleman
762 So. 2d 1134
La. Ct. App. 1st Cir. 2000
the court stated the following: 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. Neal
762 So. 2d 281
La. Ct. App. 5th Cir. 2000
When a predicate conviction was obtained pursuant to a plea of guilty
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State v. Gardette
760 So. 2d 1262
La. Ct. App. 1st Cir. 2000
In Carlos , the Louisiana Supreme’ to the multiple offender portions' of the DWI statute, La.
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State v. Phillips
762 So. 2d 172
La. Ct. App. 1st Cir. 2000
It further contends the predicate convictions conform to the dictates of State v. Carlos, 98-1366 (La.7/7/99), , are applicable to predicate convictions used for DWI enhancement.
- State v. Boles 763 So. 2d 74 La. Ct. App. 4th Cir. 2000
- State v. Dickerson 760 So. 2d 573 La. Ct. App. 2d Cir. 2000