State v. Graham

513 So. 2d 419
CourtLouisiana Court of Appeal
DecidedSeptember 23, 1987
Docket18851-KA
StatusPublished
Cited by15 cases

This text of 513 So. 2d 419 (State v. Graham) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Graham, 513 So. 2d 419 (La. Ct. App. 1987).

Opinion

513 So.2d 419 (1987)

STATE of Louisiana, Appellee,
v.
John GRAHAM, Appellant.

No. 18851-KA.

Court of Appeal of Louisiana, Second Circuit.

September 23, 1987.

Minard & Mixon by James E. Mixon, Columbia, for appellant.

*420 William Guste, Jr., Atty. Gen., Baton Rouge, Don C. Burns, Dist. Atty., Iley H. Evans, Asst. Dist. Atty., Columbia, for appellee.

Before MARVIN, JASPER E. JONES and FRED W. JONES, Jr., JJ.

MARVIN, Judge.

After entering an uncounseled plea to indecent behavior with a juvenile (his 15-year-old daughter) and being sentenced to five years at hard labor, the defendant in this appeal, with counsel, seeks, among other relief, to have his plea set aside.

This record contains no evidence that defendant knowingly, and with an understanding of the law in relation to the facts of the crime, waived counsel as required by Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975); State v. Dickson, 505 So.2d 758 (La.App. 2d Cir.1987). See also McCarthy v. United States, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418 (1969).

Because of this deficiency and other related record deficiencies which we shall also discuss, we reverse the conviction, set aside the guilty plea, and remand to allow the prosecution to proceed according to law.

WAIVER OF RIGHT TO COUNSEL

The right to assistance of counsel is a fundamental constitutional guarantee to a citizen who is charged with a crime. LSA-Const. Art. 1, § 13. A knowing and intelligent waiver of this right is necessary before any uncounseled person may be imprisoned for an offense. See State v. Dickson, supra, and cases cited therein.

The right to assistance of counsel seeks to insure that a defendant who is embroiled with the State in our adversary system of justice, and is probably untrained in the law, may utilize every advantage which the law grants him. State v. Bodley, 394 So.2d 584 (La.1981).

Although a defendant need not have the skill and experience of a lawyer in order to competently and intelligently choose self-representation, he should be made aware of the dangers and disadvantages of self-representation so that the record will establish that "he knows what he is doing and his choice is made with eyes open." Faretta v. California, supra.

In Faretta, the record affirmatively showed that the defendant was literate, competent, and understanding, and that he was voluntarily exercising his informed free will when he chose to represent himself. In contrast, the defendant's waiver of counsel was found ineffective in State v. Bell, 381 So.2d 393 (La.1980), because the record did not reflect that the trial judge attempted to assess the defendant's literacy, competency, understanding, and volition.

The trial court informed defendant of his right to counsel and to appointed counsel if he could not afford to hire a lawyer. The court's only explanation of the dangers and disadvantages of self representation ("[I]t's normally better to have a lawyer represent you[.]") is woefully deficient[1] and does not indicate any assessment *421 of defendant's literacy, competence, or understanding of the consequences of self-representation. Defendant's apparent willingness to proceed without a lawyer under these circumstances, cannot be construed as the exercise of an informed free will. State v. Bell, supra.

The fact that defendant had been employed as a radio dispatcher by the Caldwell Parish Sheriff's Office does not appear in the record of the guilty plea colloquy but is asserted in the State's brief. This fact of itself, does not indicate that defendant understood the nature of the charge or consequences of self-representation. A trial judge's personal knowledge about a defendant may compel a reasonable belief that defendant knew and understood the consequences of his action. Such personal knowledge, as we have assumed, does not, however, satisfy the Faretta requirement that there be a reviewable basis in the record to support the conclusion that the defendant knowingly and intelligently waived his right to counsel. City of Monroe v. Wyrick, 393 So.2d 1273 (La.1981).

This deficiency, when coupled as well with the omission in this record of defendant being informed of the substance and factual basis of the charge and the range of sentencing, as hereafter discussed, compels us to find that defendant's guilty plea is constitutionally infirm.

Unless defendant competently waives counsel on remand, he is entitled to the assistance of counsel at every critical stage of the proceedings, including sentencing. See and compare State v. Williams, 374 So.2d 1215 (La.1979); State v. Carpenter, 390 So.2d 1296 (La.1980).

OTHER REQUIREMENTS FOR GUILTY PLEA

A guilty plea, in law equivalent to an admission of all the elements of a formal criminal charge, cannot be truly voluntary unless the defendant possesses an understanding of the law in relation to the facts. McCarthy v. United States, supra.

Various safeguards have been designed to assure that a guilty plea represents and accurately acknowledges guilt and is entered into with as full and complete an awareness of the risks, options, consequences, and possible benefits as is feasible. These safeguards also assure finality for a guilty plea, which, legally, is a conviction. The accused is entitled to have a lawyer represent him and advise him competently, as well as to have the judge determine on the record that he understands the basic constitutional rights he is giving up and the possible sentence to be imposed. State ex rel. Turner v. Maggio, 463 So.2d 1304 (La.1985).

Among the constitutional rights a defendant must competently waive on the record when he pleads guilty are the right against self-incrimination, the right to trial by jury, and the right to confront his accusers. Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969); State ex rel. Jackson v. Henderson, 260 La. 90, 255 So.2d 85 (1971).

For the purpose of review, also a constitutional guarantee, the record must contain an affirmative showing that demonstrates defendant's understanding and the voluntary nature of the plea. While an understanding of the Boykin triad of rights may be the sine qua non for the acceptance of a guilty plea, the mere recitation of those rights does not always insure the intelligent and voluntary nature of the plea. Other factors may have a bearing on the validity of the plea. State v. Halsell, 403 So.2d 688 (La.1981).

A trial court's on-the-record examination, especially of an uncounseled defendant, should include an attempt to satisfy itself that the defendant understands the nature of the charge, the acts sufficient to constitute the offense with which he is charged, and the statutorily permissible *422 range of sentence. Boykin v. Alabama, supra, footnote 7; State ex rel. Turner v. Maggio, supra; State ex rel. LaFleur v. Donnelly, 416 So.2d 82 (La.1982).

A guilty plea may be involuntary either because the record does not show the accused understands the nature of the constitutional protection he is waiving, or the accused has an incomplete understanding of the charge.

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Bluebook (online)
513 So. 2d 419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-graham-lactapp-1987.