Cited by

Opinions in Louisiana that cite State v. Gonzales, 379 So. 2d 722.

34 citing documents.

State of Louisiana v. George Joseph La. Ct. App. 3d Cir. 2022
(as to non-Louisiana and federal pleas the defendant “has the burden of proving that the plea was involuntary or that (if taken subsequent to Boykin ) he did not waive Boykin rights”).
State v. Morgan 134 So. 3d 1160 La. 2014
at 13, 11 So.3d at 482 ; (for non-Louisiana pleas used to enhance sentence, the defendant “has the affirmative burden of showing that he was in fact not advised, either by the court or through counsel, of the particular circumstances of his plea that were not touched upon in an otherwise sufficient colloquy.”) (emphasis added); (as to non-Louisiana and federal pleas the defendant “has the burden of proving that the plea was involuntary or that (if taken subsequent to Boykin) he did not waive Boy
State v. Balsano 11 So. 3d 475 La. 2009
(as to non-Louisiana and federal pleas the defendant “has the burden of proving that the plea was involuntary or that (if taken subsequent to Boykin) he did not waive Boykin rights”).
State v. Hopson 803 So. 2d 1090 La. Ct. App. 2d Cir. 2001
State v. Allen 777 So. 2d 1252 La. Ct. App. 4th Cir. 2001
State v. Greenwell 746 So. 2d 29 La. Ct. App. 2d Cir. 1999
State v. Shelton 621 So. 2d 769 La. 1993
and in Sharp, supra, this court stated that in order to use a prior plea of guilty dated after December 8, 1971 to enhance punishment of a subsequent conviction, the State must, if objection is *776 made to the plea's voluntariness, affirmatively show through the use of a "contemporaneously recorded transcri
State v. Martin 599 So. 2d 422 La. Ct. App. 4th Cir. 1992
State v. Conley 531 So. 2d 1101 La. Ct. App. 1st Cir. 1988
State v. Hannah 530 So. 2d 626 La. Ct. App. 1st Cir. 1988
Because this third prior conviction resulting from a guilty plea occurred in Texas, applies: “In Holden we held that, when the state intends to use a plea of guilty as a prior conviction in order to enhance punishment under La.R.S.
State v. Kelly 524 So. 2d 123 La. Ct. App. 4th Cir. 1988
State v. Smith 482 So. 2d 68 La. Ct. App. 1st Cir. 1986
nullify a defendant’s objection unless it is expressly directed to his earlier plea’s “voluntariness or to its being a knowing plea_” If a defendant objects to the application of the multiple offender statute at all, he must at least be afforded the opportunity to state his grounds before being dismiss
State v. Junegain 478 So. 2d 542 La. Ct. App. 4th Cir. 1985
1709 , 23 L.Ed.2d 274 (1969)
State v. Smith 477 So. 2d 875 La. Ct. App. 4th Cir. 1985
State v. Baker 471 So. 2d 945 La. Ct. App. 2d Cir. 1985
State v. Blunt 464 So. 2d 869 La. Ct. App. 4th Cir. 1985
The Louisiana supreme court has held, that a guilty-plea, rights-waiver form executed by defendant, although complete in every detail, is insufficient without minutes or transcript of a colloquy between judge and defendant showing the knowing and voluntary waiver required by Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct.
State v. James 458 So. 2d 501 La. Ct. App. 4th Cir. 1984
State v. Arrington 455 So. 2d 1284 La. Ct. App. 4th Cir. 1984
"While it is preferable for the trial judge to conduct a colloquy with the defendant to ascertain the validity of the plea, such a colloquy may not be indispensable, as long as the record contains some other affirmative showing to support the plea."
State v. Murray 436 So. 2d 775 La. Ct. App. 4th Cir. 1983
As to the earlier case, is applicable: "(b) However, for pleas of guilty taken after December 8, 1971, in order to use the prior plea of guilty to enhance punishment in a subsequent proceeding, the state must, if objection is made to its voluntariness or to its being a knowing plea (due, e.g., to the absence of waiver of the Boykin
State v. Bland 419 So. 2d 1227 La. 1982
The issue was perhaps first confused shortly over a when the Court stated: "...
State v. Bosworth 415 So. 2d 912 La. 1982
1709 , 23 L.Ed.2d 274 (1969); State ex rel.
State v. Yarbrough 418 So. 2d 503 La. 1982
While reiterating the holding in the Holden case, supra, at page 723, this court said: "In Holden we held that, when the state intends to use a plea of guilty as a prior conviction in order to enhance punishment under La.
State v. Age 417 So. 2d 1183 La. 1982
State v. Hayes 412 So. 2d 1323 La. 1982
stated that counseled pleas before the decision in Boykin v. Alabama, supra, are presumed valid without the express waiver of *1325 constitutional rights subsequently required by Boykin .
State v. Smith 415 So. 2d 930 La. 1982
State v. McGinnis 413 So. 2d 1307 La. 1981
this Court reiterated the holding in State v. Holden, supra , as follows: In Holden we held that, when the state intends to use a plea of guilty as a prior conviction in order to enhance punishment under La.R.S.
State v. Jones 404 So. 2d 1192 La. 1981
State v. Martin 400 So. 2d 1063 La. 1981
State v. Cusher 400 So. 2d 601 La. 1981
State v. Warren 402 So. 2d 662 La. 1981
as interpreted by State v. Williams, supra.
State v. Williams 400 So. 2d 868 La. 1981
as interpreted by State v. Williams, supra.
State v. Sharp 390 So. 2d 1288 La. 1980
State v. Jefferson 386 So. 2d 77 La. 1980
this Court has now firmly established that for all pleas taken in Louisiana prior to December 8, 1971, the date of finality of State ex rel.
State v. Williams 384 So. 2d 779 La. 1980