Opinion
8 Div. 251.
June 20, 1972.
Appeal from the Circuit Court, Jackson County, W. G. Hawkins, J.
H. R. Campbell, Scottsboro, for appellant.
For purpose of determining the voluntary character of the defendant's guilty plea in a state court or whether the process by which the trial judge accepted such plea violated the defendant's rights under the Federal Constitution, it cannot be presumed from a silent record a waiver of the three important federal constitutional rights: (1) the privilege against compulsory self-incrimination guaranteed by the Fifth Amendment and applicable to the states by reason of the Fourteenth; (2) the right to a trial by jury and (3) the right to confront one's accusers. Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274. The standard to be applied in determining whether a guilty plea is voluntarily made is the same standard applied in determining whether an accused has made a valid waiver of the right to counsel, by which standard a presuming of waiver from a silent record is unpermissible. Supra.
Transporting five gallons or more of prohibited alcoholic liquor: sentence on guilty plea one year and one day.
The record is deviod of any colloquy between the judge and the defendant to show compliance with Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274.
On authority of Honeycutt v. State, 47 Ala. App. 640, 259 So.2d 846, and Walcott v. State, 288 Ala. 546, 263 So.2d 178, the judgment below must be reversed and the cause remanded.
Reversed and remanded.
ALMON, TYSON and HARRIS, JJ., concur.