Opinion
No. 97-KP-0519
April 30, 1997
IN RE: State of Louisiana; — Plaintiff(s); Applying for Supervisory and/or Remedial Writs; Parish of Orleans Criminal District Court Div. "B" Number 364-985; to the Court of Appeal, Fourth Circuit, Number 96KW-2180
Granted with order. See per curiam.
HTL
PFC
WFM
CDK
BJJ
CDT
JTK
VICTORY, J. not on panel.
The application of the district attorney is granted. The court of appeal, apparently on the basis of an altered transcript, held that one of the predicate guilty pleas introduced by the prosecutor at the multiple offender hearing was insufficient to show a knowing waiver of rights. An unaltered copy of the transcript of the guilty plea colloquy shows that the district judge properly informed relator of the rights he was waiving. This material, along with the other material introduced at the habitual offender adjudication, adequately supports the trial court's finding that Lamison is a fourth felony offender.See State v. Shelton, 621 So.2d 769, 777 (La. 1993). Counsel therefore did not err to Lamison's prejudice in failing to raise the issue on appeal. Strickland v. Washington, 466 U.S. 668 (1984).
The fourth offender adjudication and sentence to life imprisonment are reinstated.