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State v. Reid

Court of Appeals of Louisiana, Fifth Circuit

November 14, 2018

STATE OF LOUISIANA
v.
JUAN REID IN RE JUAN REID

          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

          Panel composed of Judges Fredericks Homberg Wicker, Robert A. Chaisson, and Stephen J. Windhorst

         This 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.[1] 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.

         On 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.

         For the 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.

         Lack of Boykin Colloquy

         A 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).

         Based 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. ...

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