Opinion
NO. 2015 KW 1629
02-18-2016
STATE OF LOUISIANA v. DARYL TRAHAN
In Re: State of Louisiana, applying for rehearing, 19th Judicial District Court, Parish of East Baton Rouge, No. 11-06-0730. BEFORE: GUIDRY, DRAKE AND HOLDRIDGE, JJ.
APPLICATION FOR REHEARING GRANTED WITH ORDER. STAY ORDERED.
This Court's previous decision, which reversed the district court's ruling denying postconviction relief, vacated relator's convictions and sentences, and remanded for further proceedings, is hereby stayed pending further orders of this Court. The instant guilty plea transcript of September 24, 2007, does not reflect that relator was informed of and waived his triad of constitutionally-guaranteed rights under Boykin v. Alabama, 395 U.S. 238, 243, 89 S. Ct. 1709, 1712, 23 L.Ed.2d 274 (1969). However, testimony by relator's defense attorney at the May 21, 2014, evidentiary hearing on his postconviction relief application indicates that she thoroughly discussed with relator his constitutional rights prior to the guilty pleas. In determining whether a defendant's plea is knowing and voluntary, the court must not only look to the colloquy concerning the waiver of rights, but also other factors that may have a bearing on the decision. State v. O'Brien, 2014-0899 (La. App. 1st Cir. 12/23/14), 168 So.3d 627, 631. Therefore, both parties are ordered to address the issue of whether or not relator's guilty pleas should be considered valid under these specific facts, particularly addressing the lack of Boykin rights, the "other factors" referenced in O'Brien, and any other relevant constitutional, statutory, and jurisprudential authority. Accordingly, the district court is hereby ordered to appoint postconviction counsel for relator by February 29, 2016. Thereafter, both parties shall file briefs in this Court, on or before March 31, 2016, addressing the issue as framed above. If he so desires, relator may file a pro se brief by the same date.
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JMG
EGD
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT