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, 823
composed of Judges Fredericka Homberg Wicker, Robert A.
Chaisson, and Stephen J. Windhorst
GRANTED; GUILTY PLEA VACATED
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
October 14, 2018, relator was arrested and imprisoned for
simple assault in violation of LSA R.S. 14:38 with bail set
at $750. Relator was also held on a detainer from the Kenner
Police Department. 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 imprisonment in the Parish Jail for ninety days
and ordered to pay a fine and court cost totaling
November 9, 2018, relator filed a Motion to Reconsider
Sentence which has been set for hearing on December 3,
2018 and a Notice of Intent to Apply for Writ to
Review of the November 5, 2018, decision of the trial
court. Relator argues that the trial court erred by
sentencing an indigent defendant to incarceration in lieu of
payment of fine and court costs; in denying the requested
Stay of Incarceration and request for release pending
appellate review; and by imposing the maximum jail time.
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 relator's writ application
and vacate his guilty plea and sentence.
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. The transcript indicates that the
following exchange occurred prior to the relator's guilty
MR. JASMIN: Your Honor, we're going to
briefly skip Mr. Shane Scallan. And we're going to move
on to Edwon Spears, docket number 2018-MM-62823.
THE COURT: Ms. Lee, you're going to
stand in for Mr. Ortiz?
MS. LEE: Yes, sir, I'll stand in for
him, Your Honor.
THE COURT: Okay. Mr. Thomas, you're
here, no, it's Mr. Spears. Excuse me. Mr. Spears,
you're here for an arraignment to plead guilty or not
guilty to the charge of simple assault. We're going to