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State v. Goynes

Supreme Court of Louisiana
Mar 1, 1973
273 So. 2d 298 (La. 1973)

Opinion

No. 53244.

March 1, 1973.

IN RE: JEFF GOYNES APPLYING FOR WRITS OF CERTIORARI, REVIEW, PROHIBITION AND MANDAMUS.


Writs refused. The showing made does not warrant the exercise of our supervisory jurisdiction.

BARHAM, J., dissents from the refusal of the writ application. Relator was previously convicted and sentenced to jail for operating a motor vehicle while under influence of alcoholic beverages, without counsel or waiver of counsel. He has now been convicted and sentenced as a second offender and the first conviction has enhanced his sentence. Under the holding of Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972) no person may be sentenced to imprisonment unless represented by counsel or he waives counsel. This sentence — 2nd offense enhancement is based in part on a conviction and sentence without counsel. It is immaterial whether Argersinger is retroactive in this case since the sentence to imprisonment is based in part on a non counsel conviction and sentence.

CALOGERO, J., dissents.


Summaries of

State v. Goynes

Supreme Court of Louisiana
Mar 1, 1973
273 So. 2d 298 (La. 1973)
Case details for

State v. Goynes

Case Details

Full title:STATE OF LOUISIANA v. JEFF GOYNES

Court:Supreme Court of Louisiana

Date published: Mar 1, 1973

Citations

273 So. 2d 298 (La. 1973)