This Court agrees with the rule of the Court of Criminal Appeals that the record must affirmatively show the colloquy between the court and the defendant wherein the defendant is shown to have full understanding of what the plea of guilty connotes and its consequences. See Cooper v. State, 47 Ala. App. 178, 252 So.2d 104, cert. denied, 287 Ala. 728, 252 So.2d 108. In denying the writ of certiorari in Cooper v. State, supra, this Court made an expression that this Court did not wish to be understood as approving or disapproving all of the language contained in the opinion of that case in the Court of Criminal Appeals.
Marlin M. Mooneyham, Montgomery, for appellant. Before a guilty plea can be accepted by the trial court, the record must affirmatively show that the plea was voluntarily and understandingly made; that the defendant was informed of his privilege against compulsory self-incrimination; that he was informed of his right to a jury trial; that he was informed of his right to confront one's accusers and that he was informed of what the plea connotes and of its consequence, i. e., minimum and maximum punishment allowed by law: Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274; Dunkin v. State, 47 Ala. App. 696, 260 So.2d 604; Clark v. State, 48 Ala. App. 108, 262 So.2d 310; Powell v. State, 47 Ala. App. 622, 259 So.2d 675; Cooper v. State, 47 Ala. App. 178, 252 So.2d 104; Spidell v. State, 48 Ala. App. 24, 261 So.2d 443; Jones v. State, 48 Ala. App. 32, 261 So.2d 451. William J. Baxley, Atty. Gen., and George White, Sp. Asst. Atty. Gen., for the State.
After remand, 45 Ala. App. 119, 226 So.2d 388, and dismissal of certiorari, 284 Ala. 728, 226 So.2d 391, O. L. Cooper, Sr., alias, was convicted of the offense of grand larceny by the Circuit Court of Pike County, Riley P. Green, J., and he appealed. The Court of Criminal Appeals, 47 Ala. App. 178, 252 So.2d 104, reversed and remanded. The State applied for a rehearing which was denied and the State then filed an application for Writ of Certiorari to the Court of Criminal Appeals.
A. The defendant relies heavily upon the following language of Cooper v. State, 47 Ala. App. 178, 252 So.2d 104, cert. denied, 287 Ala. 728, 252 So.2d 108 (1971). "This appellant was not informed and it is not shown that he understood the three constitutional rights waived by his plea of guilty, and that he understood he waived those rights by such a plea.
A guilty plea is invalid if the defendant did not know the maximum possible penalty for the offense. Tucker v. U.S., 409 F.2d 1291; Hall v. State, 45 Ala. App. 252, 228 So.2d 863; Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274; Cooper v. State, 47 Ala. App. 178, 252 So.2d 104. The record on appeal must disclose that the defendant voluntarily and understandingly entered his plea of guilty. Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274; Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461; Cooper v. State, 47 Ala. App. 178, 252 So.2d 104. William J. Baxley, Atty. Gen., and Samuel L. Adams, Asst. Atty. Gen., for the State.
We reverse and remand. Carter v. State notes that subsequent to the United States Supreme Court case of Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), it became established that the defendant must be informed of the maximum and minimum possible sentences as an absolute constitutional prerequisite to the acceptance of a guilty plea. Carter v. State, citing Jones v. State, 48 Ala. App. 32, 261 So.2d 451 (1972); Spidell v. State, 48 Ala. App. 24, 261 So.2d 443 (1972); People v. Ingeneri, 7 Ill. App.3d 809, 288 N.E.2d 550 (1972); People v. Buck, 7 Ill. App.3d 758, 288 N.E.2d 548 (1972); Cooper v. State, 47 Ala. App. 178, 252 So.2d 104 (1971), cert. denied, 287 Ala. 728, 252 So.2d 108 (1971). "Boykin stands for the proposition that a defendant is constitutionally entitled to have information concerning the range of punishment prescribed by the act to which he may be sentenced and the consequences of the conviction at the time he enters his plea."
This Court agrees with the rule of the Court of Criminal Appeals that the record must affirmatively show the colloquy between the court and the defendant wherein the defendant is shown to have full understanding of what the plea of guilty connotes and its consequences. See Cooper v. State, 47 Ala. App. 178, 252 So.2d 104, cert. denied, 287 Ala. 728, 252 So.2d 108. In denying the writ of certiorari in Cooper v. State, supra, this Court made an expression that this Court did not wish to be understood as approving or disapproving all of the language contained in the opinion of that case in the Court of Criminal Appeals.
Citing Carter v. State, 291 Ala. 83, 277 So.2d 896 (1973), the Alabama Supreme Court reversed Rivers's conviction. "`" Carter v. State notes that subsequent to the United States Supreme Court case of Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), it became established that the defendant must be informed of the maximum and minimum possible sentences as an absolute constitutional prerequisite to the acceptance of a guilty plea. Carter v. State, citing Jones v. State, 48 Ala.App. 32, 261 So.2d 451 (1972); Spidell v. State, 48 Ala.App. 24, 261 So.2d 443 (1972); People v. Ingeneri, 7 Ill.App.3d 809, 288 N.E.2d 550 (1972); People v. Buck, 7 Ill.App.3d 758, 288 N.E.2d 548 (1972); Cooper v. State, 47 Ala.App. 178, 252 So.2d 104 (1971), cert. denied, 287 Ala. 728, 252 So.2d 108 (1971). ` Boykin stands for the proposition that a defendant is constitutionally entitled to have information concerning the range of punishment prescribed by the act to which he may be sentenced and the consequences of the conviction at the time he enters his guilty plea.' Coleman v. Alabama, 827 F.2d 1469, 1473 (11th Cir. 1987).
Citing Carter v. State, 291 Ala. 83, 277 So.2d 896 (1973), the Alabama Supreme Court reversed Rivers's conviction. "` Carter v. State notes that subsequent to the United States Supreme Court case of Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), it became established that the defendant must be informed of the maximum and minimum possible sentences as an absolute constitutional prerequisite to the acceptance of a guilty plea. Carter v. State, citing Jones v. State, 48 Ala.App. 32, 261 So.2d 451 (1972); Spidell v. State, 48 Ala.App. 24, 261 So.2d 443 (1972); People v. Ingeneri, 7 Ill.App.3d 809, 288 N.E.2d 550 (1972); People v. Buck, 7 Ill.App.3d 758, 288 N.E.2d 548 (1972); Cooper v. State, 47 Ala.App. 178, 252 So.2d 104 (1971), cert. denied, 287 Ala. 728, 252 So.2d 108 (1971). " Boykin stands for the proposition that a defendant is constitutionally entitled to have information concerning the range of punishment prescribed by the act to which he may be sentenced and the consequences of the conviction at the time he enters his guilty plea.
Citing Carter v. State, 291 Ala. 83, 277 So.2d 896 (1973), the Alabama Supreme Court reversed Rivers's conviction. " Carter v. State notes that subsequent to the United States Supreme Court case of Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), it became established that the defendant must be informed of the maximum and minimum possible sentences as an absolute constitutional prerequisite to the acceptance of a guilty plea. Carter v. State, citing Jones v. State, 48 Ala.App. 32, 261 So.2d 451 (1972); Spidell v. State, 48 Ala.App. 24, 261 So.2d 443 (1972); People v. Ingeneri, 7 Ill.App.3d 809, 288 N.E.2d 550 (1972); People v. Buck, 7 Ill.App.3d 758, 288 N.E.2d 548 (1972); Cooper v. State, 47 Ala.App. 178, 252 So.2d 104 (1971), cert. denied, 287 Ala. 728, 252 So.2d 108 (1971). ` Boykin stands for the proposition that a defendant is constitutionally entitled to have information concerning the range of punishment prescribed by the act to which he may be sentenced and the consequences of the conviction at the time he enters his guilty plea.' Coleman v. Alabama, 827 F.2d 1469, 1473 (11th. Cir. 1987).