96-K-1376 Precedential Processed

State v. Deroche

Louisiana Supreme Court · Filed November 8, 1996 · 682 So. 2d 1251

Cited by

Distinguished in 1

State v. Deville 879 So. 2d 689 La. 2004
State v. Bush 873 So. 2d 795 La. Ct. App. 5th Cir. 2004
State v. Frisella 868 So. 2d 871 La. Ct. App. 5th Cir. 2004
State v. Nabak 864 So. 2d 758 La. Ct. App. 5th Cir. 2003
State v. Theriot 782 So. 2d 1078 La. Ct. App. 5th Cir. 2001
State v. Frickey 769 So. 2d 791 La. Ct. App. 5th Cir. 2000
State v. Cadiere 754 So. 2d 294 La. Ct. App. 1st Cir. 2000
State v. Boudreaux 756 So. 2d 505 La. Ct. App. 5th Cir. 2000
State v. Bourque 757 So. 2d 735 La. Ct. App. 1st Cir. 2000
State v. Deshotel 730 So. 2d 994 La. Ct. App. 1st Cir. 1999
State v. White 727 So. 2d 574 La. Ct. App. 1st Cir. 1998
State v. Stevison 721 So. 2d 843 La. 1998

all 17 citing documents »

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Strain 585 So. 2d 540
State v. Morris 619 So. 2d 184
State v. Gable 614 So. 2d 808
State v. Rivers 614 So. 2d 254
State v. Pugh 588 So. 2d 702
State v. Wiggins 399 So. 2d 206
State Ex Rel. Bishop v. Blackburn 384 So. 2d 406

Opinion text

682 So.2d 1251 (1996) STATE of Louisiana v. John Anthony DEROCHE. No. 96-K-1376. Supreme Court of Louisiana. November 8, 1996. *1252 PER CURIAM. Writ granted in part; denied in part. The accused's signature on a printed waiver form advising him of his right to counsel and warning him of the danger of self-representation, and the signature of the trial judge on the same form that he is satisfied the accused understood the nature of his plea and its consequences, do not discharge the duty of the trial judge to advise the defendant expressly of his right to counsel and to determine "on the record that the waiver is made knowingly and intelligently under the circumstances," taking into account such factors as the defendant's age, background, and education. State v. Strain, 585 So.2d 540, 543 (La.1991); State v. Morris, 619 So.2d 184, 186 (La.App. 3rd Cir.1993); State v. Gable, 614 So.2d 808, 810 (La.App. 2nd Cir.1993); State v. Rivers, 614 So.2d 254, 257 (La.App. 3rd Cir.1993). The minutes for relator's November 19, 1990 guilty plea indicate that the trial judge canvassed relator with regard to some of the trial rights he was waiving, but fail to show that the court also inquired into relator's capacity to waive his right to the assistance of counsel in making the decision whether to go to trial, "[t]he principal function of a lawyer for an accused who desires to plead guilty...." Strain, 585 So.2d at 543 . The contemporaneous records of relator's guilty plea therefore do not affirmatively establish a valid waiver of counsel and the guilty plea may not serve as the predicate for enhancement of a subsequent DWI offense. State v. Pugh, 588 So.2d 702 (La.1991); State v. Wiggins, 399 So.2d 206 (La.1981); State ex rel. Bishop v. Blackburn, 384 So.2d 406 (La. 1980). Accordingly, relator's conviction and sentence for third offense DWI are vacated, judgment of guilty of second offense DWI is entered, and this case is remanded to the district court for resentencing. In all other respects, the writ application is denied. VACATED IN PART, ENTERED IN PART, AND REMANDED FOR RESENTENCING. BLEICH, J., not on panel.