Home/Supreme Court of Louisiana/State v. Deroche

State v. Deroche

682 So. 2d 1251, 1996 WL 659062
CourtSupreme Court of Louisiana
DecidedNovember 8, 1996
Docket96-K-1376
StatusPublished
Cited by21 cases

This text of 682 So. 2d 1251 (State v. Deroche) 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.

Bluebook
State v. Deroche, 682 So. 2d 1251, 1996 WL 659062 (La. 1996).

Opinion

682 So.2d 1251 (1996)

STATE of Louisiana
v.
John Anthony DEROCHE.

No. 96-K-1376.

Supreme Court of Louisiana.

November 8, 1996.

*1252 PER CURIAM.

Writ granted in part; denied in part. The accused's signature on a printed waiver form advising him of his right to counsel and warning him of the danger of self-representation, and the signature of the trial judge on the same form that he is satisfied the accused understood the nature of his plea and its consequences, do not discharge the duty of the trial judge to advise the defendant expressly of his right to counsel and to determine "on the record that the waiver is made knowingly and intelligently under the circumstances," taking into account such factors as the defendant's age, background, and education. State v. Strain, 585 So.2d 540, 543 (La.1991); State v. Morris, 619 So.2d 184, 186 (La.App. 3rd Cir.1993); State v. Gable, 614 So.2d 808, 810 (La.App. 2nd Cir.1993); State v. Rivers, 614 So.2d 254, 257 (La.App. 3rd Cir.1993).

The minutes for relator's November 19, 1990 guilty plea indicate that the trial judge canvassed relator with regard to some of the trial rights he was waiving, but fail to show that the court also inquired into relator's capacity to waive his right to the assistance of counsel in making the decision whether to go to trial, "[t]he principal function of a lawyer for an accused who desires to plead guilty...." Strain, 585 So.2d at 543. The contemporaneous records of relator's guilty plea therefore do not affirmatively establish a valid waiver of counsel and the guilty plea may not serve as the predicate for enhancement of a subsequent DWI offense. State v. Pugh, 588 So.2d 702 (La.1991); State v. Wiggins, 399 So.2d 206 (La.1981); State ex rel. Bishop v. Blackburn, 384 So.2d 406 (La. 1980).

Accordingly, relator's conviction and sentence for third offense DWI are vacated, judgment of guilty of second offense DWI is entered, and this case is remanded to the district court for resentencing. In all other respects, the writ application is denied.

VACATED IN PART, ENTERED IN PART, AND REMANDED FOR RESENTENCING.

BLEICH, J., not on panel.

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

Related

State v. Watson
2006 ME 80 (Supreme Judicial Court of Maine, 2006)
State v. Deville
879 So. 2d 689 (Supreme Court of Louisiana, 2004)
State v. Bush
873 So. 2d 795 (Louisiana Court of Appeal, 2004)
State v. Frisella
868 So. 2d 871 (Louisiana Court of Appeal, 2004)
State v. Nabak
864 So. 2d 758 (Louisiana Court of Appeal, 2003)
State v. Theriot
782 So. 2d 1078 (Louisiana Court of Appeal, 2001)
State v. Frickey
769 So. 2d 791 (Louisiana Court of Appeal, 2000)
State v. McKinney
754 So. 2d 366 (Louisiana Court of Appeal, 2000)
State v. Cadiere
754 So. 2d 294 (Louisiana Court of Appeal, 2000)
State v. Boudreaux
756 So. 2d 505 (Louisiana Court of Appeal, 2000)
State v. Bourque
757 So. 2d 735 (Louisiana Court of Appeal, 2000)
State v. Deshotel
730 So. 2d 994 (Louisiana Court of Appeal, 1999)
State v. White
727 So. 2d 574 (Louisiana Court of Appeal, 1998)
State v. Stevison
721 So. 2d 843 (Supreme Court of Louisiana, 1998)
State v. Lambert
720 So. 2d 724 (Louisiana Court of Appeal, 1998)
State v. Authement
713 So. 2d 1226 (Louisiana Court of Appeal, 1998)
State v. Lodrigue
712 So. 2d 671 (Louisiana Court of Appeal, 1998)
State v. Guidry
709 So. 2d 233 (Louisiana Court of Appeal, 1998)
State v. Snider
707 So. 2d 1262 (Louisiana Court of Appeal, 1997)
State v. Sadler
693 So. 2d 866 (Louisiana Court of Appeal, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
682 So. 2d 1251, 1996 WL 659062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-deroche-la-1996.