Summary
In State v. Jackson, 563 So.2d 1362 (La.App. 3rd Cir. 1990), the court held that the trial court's failure to advise the defendant, who was sentenced as a multiple offender, of his right to remain silent would be harmless error if it was proved by competent evidence at the multiple offender hearing that the defendant was the same person convicted of the predicate offense in a multiple offender bill.
Summary of this case from State v. CarouthersOpinion
No. K90-16.
July 23, 1990.
APPEAL FROM 9TH JUDICIAL DISTRICT COURT, PARISH OF RAPIDES, STATE OF LOUISIANA, HONORABLE RICHARD LEE, J.
Moses Jackson, pro se.
Charles W. Wagner, Dist. Atty., Alexandria, for respondent.
Before DOMENGEAUX, GUIDRY and FORET, JJ.
WRIT DENIED: Failure of a trial court to advise relator of his right to remain silent is harmless error if it is proved by competent evidence at the multiple offender hearing that relator was the same person convicted of the predicate offense on the multiple offender bill. State v. Mallett, 552 So.2d 28 (La.App. 3rd Cir. 1989). Furthermore, convictions under the escape statute are legitimate "Enchancement" offenses for purposes of a multiple offender bill. State v. Goodin, 550 So.2d 801 (La.App. 2 Cir. 1989).