Opinion
1 Div. 409.
October 16, 1973.
Appeal from the Circuit Court, Mobile County, Willliam D. Bolling, J.
David L. Barnett, Mobile, for appellant.
Unless the record affirmatively discloses that the defendant voluntarily and understandingly waives his constitutional right to remain silent, his right to confront the witnesses against him and his right to a jury trial the guilty plea so taken is a denial of due process and the judgment of the court must be reversed. Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274; McCarthy v. United States, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418; Cooper v. State, 47 Ala. App. 178, 252 So.2d 104, Id. 287 Ala. 728, 252 So.2d 108; Alabama Law Review, Vol. 22, pp. 76, etc.; Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694; Belgarde v. Turner, 307 F. Supp. 936; Hawkins v. State, 49 Ala. App. 26, 268 So.2d 492.
William J. Baxley, Atty. Gen., and Kent Brunson, Asst. Atty. Gen., for the State.
A plea of guilty is more than a confession which admits that the accused did various acts; it is itself a conviction; nothing remains but to give judgment and determine punishment. Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274.
Appellant pled guilty to an indictment charging rape and his punishment was fixed at twenty years in the penitentiary.
The record does not show that the appellant was properly advised of his privilege against compulsory self-incrimination guaranteed by the Fifth Amendment and applicable to the States by reason of the Fourteenth. Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274.
On authority of Honeycutt v. State, 47 Ala. App. 640, 259 So.2d 846, and Walcott v. State, 288 Ala. 546, 263 So.2d 178, the judgment must be reversed and the cause remanded.
Reversed and remanded.
All the Judges concur.