State v. Munholland

Louisiana Court of Appeal

State v. Munholland

770 So. 2d 804, 2000 La. App. LEXIS 1862, 2000 WL 1022980

CourtLouisiana Court of Appeal

DecidedJuly 26, 2000

DocketNo. 34,165-KA

StatusPublished

Cited by1 cases

This text of 770 So. 2d 804 (State v. Munholland) 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. Munholland, 770 So. 2d 804, 2000 La. App. LEXIS 1862, 2000 WL 1022980 (La. Ct. App. 2000).

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Opinion

PER CURIAM.

Our error patent review has exposed a jurisdictional error and we assign this appeal for summary disposition without oral argument. URCA 2-11.3.

The record reveals, and the state concedes, that at the time of his guilty plea to DWI 3d, the trial court failed to advise the defendant of his right to a jury trial, an essential element of a valid guilty plea in a felony case. We therefore vacate the conviction, set aside the sentence, and remand this ease to the district court for further proceedings according to the law. Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969); State v. Kunzman, 31,976 (La.App.2d Cir.5/5/99), 741 So.2d 112.

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PER CURIAM.

Our error patent review has exposed a jurisdictional error and we assign this appeal for summary disposition without oral argument. URCA 2-11.3.

The record reveals, and the state concedes, that at the time of his guilty plea to DWI 3d, the trial court failed to advise the defendant of his right to a jury trial, an essential element of a valid guilty plea in a felony case. We therefore vacate the conviction, set aside the sentence, and remand this ease to the district court for further proceedings according to the law. Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969); State v. Kunzman, 31,976 (La.App.2d Cir.5/5/99), 741 So.2d 112.

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Bluebook (online)

770 So. 2d 804, 2000 La. App. LEXIS 1862, 2000 WL 1022980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-munholland-lactapp-2000.

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