State ex rel. Graves v. James
This text of 540 So. 2d 966 (State ex rel. Graves v. James) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Denied on the showing made. Relator makes no showing which indicates a lack of understanding of the DWI, fourth offense, guilty plea proceedings. The district court records in relator’s prior DWI convictions do not contain motions for Boykin transcripts. If relator wishes to pursue his claim that prior convictions which formed the basis for his DWI, fourth offense, charge are constitutionally infirm, he should file motions to obtain those Boykin transcripts as a prerequisite to attacking those former convictions. If he thereafter succeeds in establishing constitutional infirmity in any or all of the three prior DWI convictions, the fact of the vacated conviction(s) will provide the basis for a subsequent attack on his conviction and sentence for DWI, Fourth offense. See, State ex rel. Becnel v. Blackburn, 410 So.2d 1015 (La.1982).
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Cite This Page — Counsel Stack
540 So. 2d 966, 1989 La. LEXIS 783, 1989 WL 29377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-graves-v-james-la-1989.