State v. Hill

Louisiana Court of Appeal

State v. Hill

546 So. 2d 211, 1989 WL 73524

CourtLouisiana Court of Appeal

DecidedMay 18, 1989

DocketNo. K89-516

StatusPublished

This text of 546 So. 2d 211 (State v. Hill) 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. Hill, 546 So. 2d 211, 1989 WL 73524 (La. Ct. App. 1989).

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Opinion

WRIT GRANTED AND MADE PEREMPTORY:

The convictions are reversed for errors patent on the face of the record. Because the charges for aggravated assault and driving while intoxicated were not joined in a single bill of information, the provisions of La.C.Cr.P. art. 493.1 do not apply. Relator was exposed to and, in fact, received a sentence in excess of six months imprisonment. Therefore, pursuant to La.C.Cr.P. art. 779, relator was entitled to a trial by jury.

Before a trial court can accept a guilty plea from a defendant who is entitled to a jury trial, the district court judge must determine, among other things, that the defendant has intelligently and voluntarily waived the right to a jury trial, and a waiver of this right cannot be presumed from a silent record. State v. Laurendine, 439 So.2d 398 (La.1983); State v. Salata, 479 So.2d 660 (La.App. 3 Cir.1985).

Accordingly, the convictions and sentences are set aside and the cases are remanded for new trials.

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WRIT GRANTED AND MADE PEREMPTORY:

The convictions are reversed for errors patent on the face of the record. Because the charges for aggravated assault and driving while intoxicated were not joined in a single bill of information, the provisions of La.C.Cr.P. art. 493.1 do not apply. Relator was exposed to and, in fact, received a sentence in excess of six months imprisonment. Therefore, pursuant to La.C.Cr.P. art. 779, relator was entitled to a trial by jury.

Before a trial court can accept a guilty plea from a defendant who is entitled to a jury trial, the district court judge must determine, among other things, that the defendant has intelligently and voluntarily waived the right to a jury trial, and a waiver of this right cannot be presumed from a silent record. State v. Laurendine, 439 So.2d 398 (La.1983); State v. Salata, 479 So.2d 660 (La.App. 3 Cir.1985).

Accordingly, the convictions and sentences are set aside and the cases are remanded for new trials.

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Bluebook (online)

546 So. 2d 211, 1989 WL 73524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hill-lactapp-1989.

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