State v. Snider

707 So. 2d 1262, 1997 WL 665634
CourtLouisiana Court of Appeal
DecidedOctober 21, 1997
Docket30568-KW, 30569-KW
StatusPublished
Cited by9 cases

This text of 707 So. 2d 1262 (State v. Snider) 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. Snider, 707 So. 2d 1262, 1997 WL 665634 (La. Ct. App. 1997).

Opinion

707 So.2d 1262 (1997)

STATE of Louisiana
v.
William Michael SNIDER.
STATE of Louisiana
v.
Robert Howard BOYCE.

Nos. 30568-KW, 30569-KW.

Court of Appeal of Louisiana, Second Circuit.

October 21, 1997.
Rehearing Denied November 4, 1997.
Writ Denied February 13, 1998.

*1263 Richard Ieyoub, Atty. Gen., James M. Bullers, Dist. Atty., Robert Randall Smith, Asst. Dist. Atty., for Appellee.

James Reuben Phillips, Bossier City, for Appellants.

Before MARVIN, C.J., and CARAWAY and PEATROSS, JJ.

WRIT GRANTED; WRIT DENIED

These consolidated pretrial applications for supervisory writs arise from pending prosecutions of felony DWI in the district court which resulted in conflicting rulings on identical issues involving the use of predicate guilty pleas to lesser grade DWI by the defendants in Bossier City Court. For the following reasons we grant the state's writ application in the case of State v. Snider, and deny Defendant Boyce's writ application in the case of State v. Boyce.

Facts

In each of these felony DWI cases, which both have as predicate offenses a similar prior conviction arising from Bossier City Court, the defense filed motions to quash challenging the validity of guilty pleas taken without counsel.

Defendant William Snider was charged on May 20, 1997 with DWI-third offense in violation of LSA-R.S. 14:98. The two prior offenses listed in the bill of information are a March 25, 1991 charge in Bossier City Court and a May 10, 1991 charge in the Twenty-Sixth Judicial District Court. Defendant Snider filed a motion to quash the bill of information alleging that the March 25, 1991 predicate offense was the result of an uncounseled guilty plea. Defendant Snider specifically argued the March 25, 1991 predicate offense was illegally obtained because he waived his right to counsel by simply signing under a statement to that effect on a preprinted form and because he was not questioned as to whether he understood his waiver of counsel when the trial judge informed him of this right.

The trial judge in the present Snider prosecution issued a written opinion and order granting Defendant Snider's motion to quash. The trial judge found that the minutes from the March 25, 1991 predicate offense do not show that the trial judge inquired into Defendant Snider's capacity to waive his right to assistance of counsel, but, rather, show he was only reminded he had such a right. The trial court in the present prosecution concluded that Defendant Snider's DWI conviction of March 25, 1991 was entered into without a valid waiver of counsel and could not be used to enhance the penalty for the May 20, 1997 offense.

Defendant Robert Boyce was charged with DWI-third offense in violation of LSA-R.S. 14:98. The two prior offenses listed in the bill of information are a July 11, 1994 conviction in Bossier City Court and an August 19, 1996 conviction in Bossier City Court.

*1264 Defendant Boyce filed a motion to quash the bill of information alleging that prior guilty pleas utilized to enhance the penalty of the present charge were uncounseled and, thus, unconstitutional and invalid. At the hearing on the motion to quash, the state informed the trial court of the recent decision in Defendant Snider's case. The trial judge concluded that if the trial judge in the prior guilty pleas "hit the three main Boykin rights," then the prior pleas were valid.

The state appeals the granting of the motion to quash in State v. Snider, and Defendant Boyce appeals the denial of the motion to quash in State v. Boyce. The issue in both cases is whether the completion by a defendant of a Bossier City Court "Educational, Literacy, Competency Profile" and the trial court's certification that it considered the information provided along with the court's observation of the defendant satisfy the "on the record" inquiry requirements of State v. Skeetoe, 501 So.2d 931 (La.App. 2d Cir.1987) and State v. Deroche, 96-1376 (La. 11/8/96), 682 So.2d 1251.

Discussion

In State v. Skeetoe, supra., this court held that an uncounseled DWI conviction

... may not be used to enhance a subsequent offense, absent a knowing and intelligent waiver of counsel.... Before the trial court can accept a defendant's waiver of counsel, the record must indicate the court attempted to determine defendant's literacy, competency, understanding and volition. 501 So.2d at 936, emphasis added.

After Skeetoe was rendered the Bossier City Court began using preprinted forms for the defendant to fill out and for the trial court to review.

In State v. Deroche, 96-1376 (La. 11/8/96), 682 So.2d 1251, the Supreme Court of Louisiana held that an

... accused's signature on a printed waiver form advising him of his right to counsel and advising him of the danger of self-representation, and the signature of the trial judge on the same form that he is satisfied the accused understood the nature of his plea and its consequences, do not discharge the duty of the trial judge... to determine `on the record that the waiver is made knowingly and intelligently under the circumstances,' taking into account such factors as the defendant's age, background and education.

In the present cases, the Defendants contend the jurisprudence requires that the inquiry by the trial court into a defendant's background must be made in an oral colloquy and that "on the record" can be only a colloquy. The state contends that "on the record" means everything which appears in the record including the trial court's observation of the defendant. Our analysis of the jurisprudence indicates that "on the record" means "in" the entire record.

As noted above, this court's opinion in Skeetoe held that the record must indicate the court attempted to determine defendant's literacy, competency, understanding and volition. As precedent, this court cited State v. Strain, 585 So.2d 540 (La.1991). There, the issue was the use of an uncounseled plea to DWI-second offense as a predicate for DWI-third offense. Defendant contended the record did not show a knowing and intelligent waiver of counsel.

In Strain, the Court stated that:

... while the judge need not inquire into each and every factor ... to establish a valid waiver of the right to counsel at trial, there must be a sufficient inquiry preferably by an interchange with the accused which elicits more than `yes' and `no' responses to establish on the record a knowing and intelligent waiver under the overall circumstances. 585 So.2d at 542 (emphasis added).

The Court stated that whether an accused has knowingly and intelligently waived his right to counsel is a question which depends on the facts and circumstances of each case. "The critical issue on review of the waiver is whether the accused understood the waiver. What the accused understood is determined in terms of the entire record and not just by certain magic words used by the judge." 585 So.2d at 543.

The Court then held that:
... when an accused waives his right to counsel in pleading guilty to a misdemeanor, the trial judge should expressly advise *1265 him of his right to counsel ... The court should further determine on the record that the waiver is made knowingly and intelligently under the circumstances.

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Cite This Page — Counsel Stack

Bluebook (online)
707 So. 2d 1262, 1997 WL 665634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-snider-lactapp-1997.