State v. Elledge

797 So. 2d 170, 1 La.App. 3 Cir. 0476, 2001 La. App. LEXIS 2118, 2001 WL 1161308
Louisiana Court of Appeal·Decided October 3, 2001·No. No. 01-0476·Published

Opinion

hAMY, Judge.

The defendant was charged with driving while intoxicated, fourth offense. He filed a motion to quash alleging that one or more of his prior convictions for driving while intoxicated was invalid and, therefore, could not be used in support of the charged offense. The trial court granted the motion. The State appeals. For the following reasons, we reverse.

Factual and Procedural Background

On November 6, 2000, the State filed a bill of information charging the defendant, Michael T. Elledge, with driving while intoxicated, fourth offense, a violation of La. R.S. 14:98(E). The bill contains the allegation that the defendant entered pleas of guilty to charges of driving while intoxicated on May 29, 1997, January 13, 1999, and June 26, 2000.

On December 22, 2000, the defendant filed a motion to quash, alleging that “one or more of the predicate offenses” could not be used for enhancement purposes in the instant charge.1 In addition [172]*172to claims related to his right to counsel, the | defendant asserted that he “was not properly advised of rights pursuant to La. C.Cr.P. art. 556.1 and jurisprudence interpreting the Federal and State Constitutions.”

The trial court granted the defendant’s motion to quash with regard to the conviction of June 26, 2000, concluding that the court accepting the plea failed to apprise the defendant of the mandatory minimum and maximum sentences possible for the charge, a violation of La. Code Crim.P. art. 556.1.

The State appeals, assigning the following as error:

The trial court erred by granting the defendant’s Motion to Quash in the instant prosecution, thereby precluding the State from using a plea to a prior driving while intoxicated charge to enhance the penalties imposed on a subsequent offense in contradiction to the decision of the Louisiana Supreme Court in State v. Guzman, 99-1753 (La.5/16/00); 769 So.2d 1158.

The defendant contends that the plea, entered without counsel present at the hearing, could not have been voluntary without information regarding the minimum/maximum penalty range available for the offense.

| ¡¡Discussion

With regard to the burden required of a defendant challenging the State’s use of a prior conviction as a predicate offense, the Louisiana Supreme Court, in State v. Carlos, 98-1366, 6-8 (La.7/7/99) 738 So.2d 556, 559-60, explained:

[173]*173In [State v. Shelton, 621 So.2d 769 (La.1993)], this Court recognized that Boykin does not require that the entire burden be placed on the prosecution in a recidivism proceeding.... Rather, the presumption of regularity that attaches to prior convictions encouraged us to revisit our previous system of placing the entire burden on the State to prove the validity of prior convictions. Id. Consequently, we held that when a defendant denies the allegations contained in the bill of information in an habitual offender proceeding, the burden is on the State to prove the existence of the prior guilty pleas and that the defendant was represented by counsel when they were taken. Id. If the State meets this initial burden, the defendant must produce affirmative evidence showing an infringement of his rights or a procedural irregularity in the taking of the plea. Id. If the defendant carries this burden, then the burden reverts to the State to prove the constitutionality of the plea. Id. The State will meet this burden by producing a “perfect” transcript of the guilty plea colloquy. Anything less than a “perfect” transcript, such as a guilty plea form or minute entry, will require the trial judge to weigh the evidence submitted by both sides and determine whether the defendant’s Boykin rights were prejudiced. In Shelton, we held that the State carried its initial burden under the revised burden-shifting rules by producing a well-executed guilty plea/waiver of rights form and a minute entry which stated, inter alia, that the judge “gave the Defendant his rights.” Id. at 770, 780.
We believe that these burden-shifting principles are logically applicable to the recidivist provisions of the DWI statute. The collateral attack on the prior guilty plea made by Carlos in the motion to quash is closely analogous to the recidivism proceeding at issue in Shelton. In both proceedings, the issue of the constitutionality vel non of prior convictions, which are questions of law for the Court to decide, were squarely placed before the Court in a proceeding separate from the fact questions. In the DWI context, we believe such pre-trial determinations allow for efficient disposal of questions that may impact the integrity of predicate offense used for sentence enhancement, while giving due respect for final judgments that are owed a presumption of regularity. A Shelton hearing that tests the validity of offenses sought to be used in multiple offender DWI cases does not, however, remove the burden from the State to prove the existence of the conviction at trial. The State 14retains the burden at trial to prove the existence of the prior convictions and the defendant’s identity as the prior offender.

(Footnotes omitted.)

In response to the defendant’s motion, the State submitted the minutes, bills of information, and transcripts of the plea hearings from the defendant’s three prior pleas to charges of driving while intoxicated. This submission carried the State’s initial burden, described in Carlos, 98-1366, p. 6; 738 So.2d at 659, of proving the existence of the defendant’s “prior guilty pleas and that the defendant was represented by counsel when they were taken.” 2

[174]*174IsNext, it is clear from the record that the defendant carried the burden of affirmatively showing “an infringement of his rights or a procedural irregularity in the taking of [one of the pleas].” Carlos, 98-1366, p. 6-7; 738 So.2d at 559. A review of the minutes and the transcript of the June 26, 2000 hearing, at which the defendant entered a guilty plea to the charge of driving while intoxicated, second offense,3 reveals that the trial court failed to advise him of the mandatory minimum and maximum sentences for the offense. This failure to inform is a violation of La.Code Crim.P. art. 556.1.4

Due to the defendant’s showing on this third conviction, the burden again shifted to the State to prove the constitutionality of the plea. Carlos, 98-1366; 738 So.2d 556. The State could have satisfied this burden by producing a perfect transcript of the guilty plea colloquy. Id. Because it could not do so, due to the trial court’s failure to comply with La.Code Crim.P. art. 556.1(A)(1), the trial court was required to weigh the evidence submitted and “determine whether the defendant’s Boykin rights were prejudiced.” Id. at 7; 559. Although the trial court did not specifically articulate the burden-shifting analysis described in Carlos, it ultimately concluded that the defendant’s third conviction, that of June 26, 2000, could not be [ fiused as a predicate offense as it could not have been knowingly entered due to the failure to inform the defendant of the possible penalty range. The trial court reasoned as follows:

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State v. Elledge, 797 So. 2d 170, 1 La.App. 3 Cir. 0476, 2001 La. App. LEXIS 2118, 2001 WL 1161308 (La. Ct. App. 2001).

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United States v. Johnson
1 F.3d 296 (Fifth Circuit, 1993)
State v. Shelton
621 So. 2d 769 (Supreme Court of Louisiana, 1993)
State v. Guzman
769 So. 2d 1158 (Supreme Court of Louisiana, 2000)
State v. Dean
748 So. 2d 57 (Louisiana Court of Appeal, 1999)
State v. Carlos
738 So. 2d 556 (Supreme Court of Louisiana, 1999)
State v. Gross
768 So. 2d 592 (Supreme Court of Louisiana, 2000)