Hoffman v. State

Court of Criminal Appeals of Alabama

Hoffman v. State

317 So. 2d 533, 55 Ala. App. 566, 1975 Ala. Crim. App. LEXIS 1519

CourtCourt of Criminal Appeals of Alabama

DecidedJuly 29, 1975

Docket1 Div. 575

StatusPublished

Cited by1 cases

This text of 317 So. 2d 533 (Hoffman 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

Hoffman v. State, 317 So. 2d 533, 55 Ala. App. 566, 1975 Ala. Crim. App. LEXIS 1519 (Ala. Ct. App. 1975).

Pincite

Opinions

CATES, Presiding Judge.

Hoffman here appeals from four judgments of conviction resulting from guilty pleas. In circuit court cases numbered 30141, 32284 and 32285 (possession of phencyclidine, sale of marihuana and sale of phencyclidine) he received three six year sentences to run concurrently with each other. In case numbered 29929 (possession of marihuana for personal use) he received a six month sentence to run concurrently with the above three sentences.

I

On December 11, 1973, Hoffman interposed his plea of guilty in cases numbered 29929 and 30141, and the trial court accepted the pleas, deferring judgment and sentence until a later time.

During its colloquy with the accused, the court neglected to inform him of the maximum and minimum ranges of punishment for the two offenses.

Reference was made to the range of punishment in a written “REQUEST TO ENTER GUILTY PLEA,” but the trial court did not ascertain that Hoffman had read the form and understood its contents, as was done by the trial court in Twyman v. State, 293 Ala. 75, 300 So.2d 124, and White v. State, 54 Ala.App. 27, 304 So.2d 268. In order for a guilty plea to be deemed voluntary, the accused must understand the maximum and minimum range of punishment. Carter v. State, 291 Ala. 83, 277 So.2d 896; Knight v. State (1975) 55 Ala.App. 565, 317 So.2d 532.

II

On January 7, 1975, Hoffman plead guilty in cases numbered 32284 and 32285 and was adjudged guilty and sentenced in all four cases. On this date there was no execution of a “REQUEST TO ENTER GUILTY PLEA” with respect to the latter two cases, and the trial court, in its colloquy with the accused, neglected to inform him of his right to a jury trial as required by Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274.

The judgment in each of the four cases below is reversed and the causes are remanded for new trials.

Reversed and remanded.

TYSON, HARRIS and DeCARLO, JJ., concur. BOOKOUT, J., dissents in part and concurs in part.

Free access — add to your briefcase to read the full text and ask questions with AI

CATES, Presiding Judge.

Hoffman here appeals from four judgments of conviction resulting from guilty pleas. In circuit court cases numbered 30141, 32284 and 32285 (possession of phencyclidine, sale of marihuana and sale of phencyclidine) he received three six year sentences to run concurrently with each other. In case numbered 29929 (possession of marihuana for personal use) he received a six month sentence to run concurrently with the above three sentences.

I

On December 11, 1973, Hoffman interposed his plea of guilty in cases numbered 29929 and 30141, and the trial court accepted the pleas, deferring judgment and sentence until a later time.

During its colloquy with the accused, the court neglected to inform him of the maximum and minimum ranges of punishment for the two offenses.

Reference was made to the range of punishment in a written “REQUEST TO ENTER GUILTY PLEA,” but the trial court did not ascertain that Hoffman had read the form and understood its contents, as was done by the trial court in Twyman v. State, 293 Ala. 75, 300 So.2d 124, and White v. State, 54 Ala.App. 27, 304 So.2d 268. In order for a guilty plea to be deemed voluntary, the accused must understand the maximum and minimum range of punishment. Carter v. State, 291 Ala. 83, 277 So.2d 896; Knight v. State (1975) 55 Ala.App. 565, 317 So.2d 532.

II

On January 7, 1975, Hoffman plead guilty in cases numbered 32284 and 32285 and was adjudged guilty and sentenced in all four cases. On this date there was no execution of a “REQUEST TO ENTER GUILTY PLEA” with respect to the latter two cases, and the trial court, in its colloquy with the accused, neglected to inform him of his right to a jury trial as required by Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274.

The judgment in each of the four cases below is reversed and the causes are remanded for new trials.

Reversed and remanded.

TYSON, HARRIS and DeCARLO, JJ., concur. BOOKOUT, J., dissents in part and concurs in part.

Cite This Page — Counsel Stack

Bluebook (online)

317 So. 2d 533, 55 Ala. App. 566, 1975 Ala. Crim. App. LEXIS 1519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoffman-v-state-alacrimapp-1975.

Opinions

Related

Cite This Page — Counsel Stack