Moore v. State

Court of Criminal Appeals of Alabama

Moore v. State

486 So. 2d 517, 1986 Ala. Crim. App. LEXIS 5968

CourtCourt of Criminal Appeals of Alabama

DecidedMarch 11, 1986

Docket7 Div. 558

StatusPublished

Cited by1 cases

This text of 486 So. 2d 517 (Moore 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

Moore v. State, 486 So. 2d 517, 1986 Ala. Crim. App. LEXIS 5968 (Ala. Ct. App. 1986).

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Opinion

TYSON, Judge.

Jeffery Moore was charged by four indictments with two offenses of theft in the second degree, a third indictment charging him with burglary in the third degree and a fourth indictment charging him with unlawful possession of marijuana.

The record in this cause does contain a proper Boykin v. Alabama colloquy as to the guilty pleas entered in the two theft charges and also the burglary charge but there is no mention, whatever, in this record of the appellant’s rights under Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969) and Carter v. State, 291 Ala. 83, 277 So.2d 896 (1973) as to the marijuana charge. Boykin and Carter require that, before accepting a plea of guilty, certain constitutional rights must be explained on the record before accepting the plea. Carter indicates that the maximum and minimum potential punishment for the crime must be explained on the record.

I

Because the record in this cause is totally devoid of an explanation of appellant’s constitutional rights under Boykin v. Alabama, supra, and Carter v. State, supra, the judgment in this cause as to the marijuana conviction is, hereby, reversed and remanded. The judgments for the two theft cases and the burglary case are affirmed.

AFFIRMED IN PART; REVERSED AND REMANDED IN PART.

All the Judges concur.

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TYSON, Judge.

Jeffery Moore was charged by four indictments with two offenses of theft in the second degree, a third indictment charging him with burglary in the third degree and a fourth indictment charging him with unlawful possession of marijuana.

The record in this cause does contain a proper Boykin v. Alabama colloquy as to the guilty pleas entered in the two theft charges and also the burglary charge but there is no mention, whatever, in this record of the appellant’s rights under Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969) and Carter v. State, 291 Ala. 83, 277 So.2d 896 (1973) as to the marijuana charge. Boykin and Carter require that, before accepting a plea of guilty, certain constitutional rights must be explained on the record before accepting the plea. Carter indicates that the maximum and minimum potential punishment for the crime must be explained on the record.

I

Because the record in this cause is totally devoid of an explanation of appellant’s constitutional rights under Boykin v. Alabama, supra, and Carter v. State, supra, the judgment in this cause as to the marijuana conviction is, hereby, reversed and remanded. The judgments for the two theft cases and the burglary case are affirmed.

AFFIRMED IN PART; REVERSED AND REMANDED IN PART.

All the Judges concur.

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Bluebook (online)

486 So. 2d 517, 1986 Ala. Crim. App. LEXIS 5968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-state-alacrimapp-1986.

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