APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL
DISTRICT COURT, PARISH OF ST JOHN THE BAPTIST, STATE OF
LOUISIANA, DIRECTED TO THE HONORABLE EDWARD J. GAIDRY, PRO
TEMPORE, DIVISION "B", NUMBER 62, 822
composed of Judges Fredericks Homberg Wicker, Robert A.
Chaisson, and Stephen J. Windhorst
application is before us on supervisory review and request
for expedited consideration of a sentence imposed upon
relator on November 5, 2018, by the Fortieth Judicial
District Court. On October 11, 2018, relator was arrested and
imprisoned on the charge of misdemeanor theft in violation of
La. R.S. 14:67 A B (4). On October 15, 2018, the duty judge
made a preliminary determination of indigency and appointed a
Public Defender. A bill of information was filed on October
30, 2018. On November 5, 2018, relator pled guilty and was
sentenced to six months incarceration in the parish jail with
credit for the days he already served, and was ordered to pay
fines and court cost totaling $319.50.
November 9, 2018, Relator filed a. Motion to Reconsider
Sentence which has been set for hearing on December 3,
2018. Relator argues that the sentence, as imposed, is an
abuse of discretion, transforms the parish jail into a
debtor's prison, and has been declared invalid by both
the United States and Louisiana Supreme Court. Relator seeks
reconsideration of the November 5, 2018 sentence by the trial
court, a stay of incarceration, and release pending review.
following reasons, we grant the relator's writ, vacate
his guilty plea, and order that relator be released on his
own recognizance pending trial or guilty plea.
of Boykin Colloquy
guilty plea is constitutionally infirm if it is not entered
into freely and voluntarily, if the Boykin colloquy is
inadequate, or when a defendant is induced to enter the plea
by a plea bargain or what he justifiably believes was a plea
bargain and that bargain is not kept. State v.
McCoil, 05-658 (La.App. 5 Cir. 2/27/06), 924 So.2d 1120,
1124. For a guilty plea to be valid, there must be a showing
that the defendant was informed of and waived his
constitutional rights of trial by jury and confrontation and
the right against compulsory self-incrimination. 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).
upon the transcript of the November 5, 2018 guilty plea and
proceeding provided to this Court, no Boykin colloquy
occurred between the trial judge and relator before the
relator pled guilty. Particularly, no discussion of
relator's sentence occurred between the trial judge and
relator before he pled guilty; the trial judge discussed
relator's sentence with him for the first time, after
relator plead guilty. After the relator pled guilty, the
following exchange occurred:
The Court: You want to pay the fine or you
want to do the time?
Defendant: I been in jail twenty - five days
already. My lawyer advised me that I was going to pay a
hundred seventy-nine dollars for court costs and -
The Court: ~ one sixty-nine for court costs.
Ms. Lee: So what was discussed initially was
that it was a two hundred dollar fine and six months
probation suspended, of time suspended. And I know you're
doing it your way, so.
The Court: Yeah. Tell you what, Mr. Reid.