Opinion
2024 KW 0713
10-07-2024
STATE OF LOUISIANA v. KENDRICK VOLTER
In Re: Kendrick Voider, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. DC-20-04265.
BEFORE: WOLFE, MILLER, AND GREENE, JJ.
The trial court's ruling denying relator's motion to withdraw his guilty plea is reversed and this matter is remanded to the district court for further proceedings. The plea was not a voluntary and intelligent relinquishment of known rights because the trial court read the elements and penalty range for armed robbery at the Boykin hearing without reference to La. R.S. 14:64.3 and the firearms enhancement. See State v. Phillips, 20221362 (La.App. 1st Cir. 6/20/23), 2023 WL 4067697, *2 (unpublished), writ denied, 2023-01004 (La. 1/24/24), 377 So.3d 691. The trial court must clearly indicate, with reference to the counts in the charging instrument, the nature of each offense, the statutes violated, and the terms of imprisonment imposed. See State v. Cooper, 2020-00105 (La. 3/2/21), 311 So.3d 341.
EW
SMM
HG