No. 88-K-1564 Precedential Reinstated Processed

State v. Monk

Louisiana Supreme Court · Filed October 27, 1988 · 532 So. 2d 1143

Cited by

State of Louisiana v. David Billy Parker, Jr. La. Ct. App. 3d Cir. 2025
State of Louisiana v. George Joseph La. Ct. App. 3d Cir. 2022
State of Louisiana v. Stacy Tyrone Johnson, Jr. La. Ct. App. 3d Cir. 2019
State of Louisiana v. McKartney Young La. Ct. App. 3d Cir. 2019
State v. Young 271 So. 3d 422 La. Ct. App. 1st Cir. 2019
State of Louisiana v. Demetricius Marcelle Young La. Ct. App. 3d Cir. 2017
State of Louisiana v. Gerald Brent Debarge La. Ct. App. 3d Cir. 2015
State v. Debarge 159 So. 3d 526 La. Ct. App. 1st Cir. 2015
State of Louisiana v. Joseph Michael Elie, III La. Ct. App. 3d Cir. 2011
State v. Elie 74 So. 3d 1216 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. McIntyre 567 So. 2d 800 La. Ct. App. 1st Cir. 1990

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State v. Jones 404 So. 2d 1192
State v. Jones 517 So. 2d 402

Opinion text

PER CURIAM. Granted. In a guilty plea to a misdemeanor, complete advice of rights is required only (1) if the plea is to be used as basis for actual imprisonment for that offense or (2) if the plea is to be used in the future (a) to enhance imprisonment or (b) to charge the subsequent commission of the same offense as a felony. State v. Jones, 404 So.2d 1192 (La.1981). Here, defendant has not been subjected to actual imprisonment for this offense and the state is not now attempting to use the conviction for this offense to enhance the penalty or to raise the grade of a later offense. If defendant is ever subjected to actual imprisonment for this offense or if the state ever attempts to use the conviction based on the present plea to enhance punishment for a future offense or to convert a subsequent misdemeanor into a felony, defendant can seek review of the validity of this guilty plea at that time. Accordingly, the judgment of the court of appeal is set aside, and the judgment of conviction is reinstated. 1 . State v. Jones, 517 So.2d 402 (La.App. 5th Cir.1987), which contained the same error, is hereby overruled.