Aderholt v. State

Court of Criminal Appeals of Alabama

Aderholt v. State

264 So. 2d 197, 48 Ala. App. 275, 1972 Ala. Crim. App. LEXIS 902

CourtCourt of Criminal Appeals of Alabama

DecidedJune 27, 1972

Docket8 Div. 220

StatusPublished

This text of 264 So. 2d 197 (Aderholt v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aderholt v. State, 264 So. 2d 197, 48 Ala. App. 275, 1972 Ala. Crim. App. LEXIS 902 (Ala. Ct. App. 1972).

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Opinion

TYSON, Judge.

The three-count indictment charged embezzlement, grand larceny, and false pretense. Appellant plead guilty to embezzlement, accompanied by counsel, and judgment set sentence at,one year and one day imprisonment in.-the penitentiary.

The record is devoid of any colloquy between the .trial judge and the appellant to show compliance with Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L. Ed.2d 274. While the minute entry does show that the questions and answers given and asked, at the time of taking the plea, were taken down by the court reporter in shorthand and filed in the Circuit Court, such are not in the record in this Court. Boykin, supra, requires this Court to review this colloquy in its entirety whether the appellant is indigent, or otherwise.

On authority of Honeycutt v. Alabama, 47 Ala.App. 640, 259 So.2d 846, and Walcott v. State, Alabama Supreme Court, 263 So.2d 178 (1972), the judgment below must be reversed and the cause remanded.

Reversed and remanded.

CATES, P. J., and ALMON and HARRIS, JJ., concur.

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TYSON, Judge.

The three-count indictment charged embezzlement, grand larceny, and false pretense. Appellant plead guilty to embezzlement, accompanied by counsel, and judgment set sentence at,one year and one day imprisonment in.-the penitentiary.

The record is devoid of any colloquy between the .trial judge and the appellant to show compliance with Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L. Ed.2d 274. While the minute entry does show that the questions and answers given and asked, at the time of taking the plea, were taken down by the court reporter in shorthand and filed in the Circuit Court, such are not in the record in this Court. Boykin, supra, requires this Court to review this colloquy in its entirety whether the appellant is indigent, or otherwise.

On authority of Honeycutt v. Alabama, 47 Ala.App. 640, 259 So.2d 846, and Walcott v. State, Alabama Supreme Court, 263 So.2d 178 (1972), the judgment below must be reversed and the cause remanded.

Reversed and remanded.

CATES, P. J., and ALMON and HARRIS, JJ., concur.

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Bluebook (online)

264 So. 2d 197, 48 Ala. App. 275, 1972 Ala. Crim. App. LEXIS 902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aderholt-v-state-alacrimapp-1972.

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