State v. Granier

857 So. 2d 1176, 2003 WL 22245290
CourtLouisiana Court of Appeal
DecidedSeptember 30, 2003
Docket03-KA-447
StatusPublished
Cited by6 cases

This text of 857 So. 2d 1176 (State v. Granier) 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. Granier, 857 So. 2d 1176, 2003 WL 22245290 (La. Ct. App. 2003).

Opinion

857 So.2d 1176 (2003)

STATE of Louisiana
v.
Willis J. GRANIER.

No. 03-KA-447.

Court of Appeal of Louisiana, Fifth Circuit.

September 30, 2003.

Paul D. Connick, Jr., District Attorney, Andrea F. Long, Terry M. Boudreaux, Kia Habisreitinger, Assistant District Attorneys, Gretna, LA, for Plaintiff/Appellee.

Mark E. Morice, Gretna, LA, for Defendant/Appellant.

*1177 Panel composed of Judges JAMES L. CANNELLA, THOMAS F. DALEY, and SUSAN M. CHEHARDY.

THOMAS F. DALEY, Judge.

Defendant, Willis Granier, appeals his conviction of driving while intoxicated, fourth offense. Granier entered a plea of guilty under State v. Crosby, 338 So.2d 584 (La.1976), reserving his right to appeal the trial court's denial of his Motion to Quash two predicate offenses. He assigns the following errors:

1. The trial court erred in failing to quash the predicate offense of Record No. 617465, Division "A," Second Parish Court, because Mr. Willis Granier did not knowingly, intelligently and voluntarily waive his constitutional rights to be represented by counsel in that record.

2. The trial court erred in failing to quash the predicate offense of Record No. 617465, since Mr. Willis Granier was not informed of his constitutional rights so as to allow him to knowingly, intelligently and voluntarily enter a plea of guilty.

3. The trial court erred in failing to quash the predicate offense of Record No. 641594, Division "B," Second Parish Court since Mr. Willis J. Granier did not enter a knowing, intelligent and voluntary waiver of counsel prior to being tried for the charge of DWI, second offense.

4. The trial court erred in failing to quash the predicate offense of Record No. 641594 since Mr. Willis J. Granier, [sic] was not informed of his constitutional rights prior to or during the trial on April 2, 1998.

After review, this court grants the Motion to Quash in part, finding that Granier's guilty plea to one of the predicate offenses, that of Record No. 641594, Division "B," Second Parish Court, is constitutionally infirm. The denial of the Motion to Quash as to predicate offense from Record No. 617465, Division "A", Second Parish Court, is affirmed. We vacate the defendant's sentence, and remand for further proceedings.

PROCEDURAL HISTORY

On December 18, 2001, the Jefferson Parish District Attorney's Office filed a Bill of Information charging defendant with operating a motor vehicle while intoxicated (DWI), fourth offense. LSA-R.S. 14:98(E). Defendant was arraigned on January 7, 2002, and entered a plea of not guilty.

On January 15, 2002, defendant filed a Motion to Quash the Bill of Information. He argued that two of the predicate convictions alleged by the State were invalid because his guilty pleas in those cases were not knowing and voluntary. The trial court heard the motion on February 25, 2002, and took the matter under advisement. On February 27, 2002, the trial judge issued a judgment denying the Motion to Quash.

On July 11, 2002, defendant expressed his intention to withdraw his plea of not guilty, and to enter a plea of guilty as charged. Pursuant to Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), the trial court advised defendant of his right to trial by jury and confrontation, and his privilege against self-incrimination. The court also explained the charge against defendant, and the sentencing range to which defendant would be subject. Defendant stated that he understood his rights, and wished to waive them. Defendant further reserved his right to appeal the trial court's denial of his Motion to Quash. State v. Crosby, 338 So.2d 584 (La.1976).

*1178 The trial court accepted defendant's guilty plea as knowing and voluntary, and the court sentenced defendant to ten years at hard labor, suspending all but the 60 days already served. The court also imposed a $5,000.00 fine, and placed defendant on five years' active probation. As conditions of probation, the judge ordered that defendant undergo in-patient substance abuse treatment, that he serve two years' home incarceration, and that he attend a court-approved driving program. The court further ordered that any car defendant drives be equipped with an ignition interlock device.

Defendant filed a Motion for Appeal on July 30, 2002. While that motion was not timely under LSA-C.Cr.P. art. 914, defendant's statement that he wished to reserve his appeal rights under Crosby was sufficient to constitute a timely oral Motion for Appeal. See, State v. Romsky, 01-1067, p. 11 (La.App. 5 Cir. 4/10/02), 817 So.2d 186, 192, fn. 3. The trial court acknowledged defendant's intention to appeal the denial of the Motion to Quash.

FACTS

In the Bill of Information, the State alleged that on October 15, 2001, defendant operated a motor vehicle while intoxicated, having been convicted of DWI on three previous occasions.

ASSIGNMENT OF ERROR NUMBER ONE

The trial court erred in failing to quash the predicate offense of Record No. 617465, Division "A," Second Parish Court, because Mr. Willis Granier did not knowingly, intelligently, and voluntarily waive his constitutional rights to be represented by counsel in that record.

ASSIGNMENT OF ERROR NUMBER TWO

The trial court erred in failing to quash the predicate offense of Record No. 617465, since Mr. Willis Granier was not informed of his constitutional rights so as to allow him to knowingly, intelligently and voluntarily enter a plea of guilty.

By these assignments, defendant complains that the trial court erred in failing to quash the predicate conviction under Second Parish Court Record No. 617465, on grounds that his guilty plea was constitutionally unsound. Specifically, he complains that he did not knowingly and intelligently waive his right to counsel at the time of his guilty plea. He further argues that he was not properly advised of his constitutional rights and, consequently, that his plea was not knowing and voluntary. Defendant raised these arguments below in his Motion to Quash, and the trial court rejected them.

In State v. Carlos, 98-1366 (La.7/7/99), 738 So.2d 556, the Supreme Court extended the burden-shifting principles applicable to habitual offenders, as established in State v. Shelton, 621 So.2d 769, 779-780 (La.1993), to the recidivist provisions of the DWI statute. When a defendant challenges the constitutional validity of a predicate DWI conviction resulting from a guilty plea, the State bears the initial burden of proving 1) the existence of the guilty plea, and 2) that he was represented by counsel during the plea. Carlos, 98-1366 at p. 6, 738 So.2d at 559. If the State meets this burden, the defendant must produce affirmative evidence indicating an infringement of his rights or a procedural irregularity in the taking of the plea. Id. If the defendant satisfies that requirement, then the burden of proving the constitutionality of the plea shifts back to the State. Id. This does not abrogate the longstanding jurisprudence requiring the State to prove that the defendant knowingly and intelligently waived his right to counsel before pleading guilty to a *1179 predicate misdemeanor DWI that is used to enhance a subsequent DWI plea. State v. Kerwin, 02-103, p. 4 (La.App. 5 Cir. 5/15/02), 821 So.2d 28, 31.

The State met its initial burden by providing proof of the existence of a guilty plea.

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Bluebook (online)
857 So. 2d 1176, 2003 WL 22245290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-granier-lactapp-2003.