Opinion
NO. 2017 KW 0137
04-25-2017
STATE OF LOUISIANA v. GERALD BAKER
In Re: State of Louisiana, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 575,200. BEFORE: PETTIGREW, McDONALD AND CHUTZ, JJ.
WRIT GRANTED IN PART AND DENIED IN PART. The district court erred in granting the defendant's motion to quash insofar as it ruled that the State could not use the defendant's 1999 DWI conviction. Although advice with respect to a defendant's sentencing exposure and the possibility of enhancement may facilitate the taking of a voluntary guilty plea, such advice has never formed part of the core Boykin requirements for the entry of a presumptively valid guilty plea. See State v. Guzman, 99-1528, 99-1753 (La. 5/16/00), 769 So.2d 1158, 1164; State v. Anderson, 98-2977 (La. 3/19/99), 732 So.2d 517 (per curiam); State v. Verdin, 2002-2671 (La. App. 1st Cir. 2/3/03), 845 So.2d 372, 376 (per curiam); State v. Wright, 517 So.2d 458, 460 (La. App. 1st Cir. 1987), writ denied, 522 So.2d 1093 (La. 1988). However, the district court did not err in granting the defendant's motion to quash as to the defendant's 2001 DWI conviction. The district court failed to comply with State v. Strain, 585 So.2d 540, 543 (La. 1991), by failing to conduct an examination of various "[f]actors bearing on the validity of [the waiver] including the age, education, experience, background, competency and conduct of the accused," before accepting the defendant's waiver of counsel and ensuing plea of guilty.
JTP
WRC
McDonald, J., concurring in part and dissenting in part. I would grant the writ application in its entirety. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT