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State v. Collins10/12/2004
iently established that the defendants knowingly and intelligently waived their rights and pled guilty. In both cases, the Supreme Court noted the trial court individually and personally addressed the defendant and assessed the defendant's competency and understanding before collectively advising all the defendants present of the rights they would waive by pleading guilty.
In Filer, the Supreme Court found that the trial court individually and personally addressed the defendant to assure itself that the defendant had no questions about the constitutional rights he was waiving. In Richard, the Supreme Court specifically noted that portions of the plea colloquy were conducted individually with the trial court personally addressing the defendant to ascertain his age, work experience and education and to advise the defendant of the nature of the offense and its penalty provisions. The Supreme Court reasoned that this placed the trial court in a position to determine the knowing and voluntary nature of the defendant's subsequent waiver of his rights.
In the present case, the transcript of the "en masse" plea colloquy shows that the trial court conducted portions of the colloquy individually and personally with the Defendant. The trial court individually inquired into the Defendant's age and education. Thereafter, the trial court personally and individually advised the Defendant of the nature of the offense with which he was charged and the applicable penalties. The trial court then collectively advised all of the defendants of the constitutional rights that they were waiving by pleading guilty before individually ascertaining whether each defendant understood and waived his or her rights. The Defendant never asked the trial court any questions regarding his rights or indicated any hesitations in his answers. Also, the trial court asked the Defendant's counsel if he were satisfied that the Defendant was knowingly, intelligently, voluntarily and willingly entering a guilty plea, to which counsel affirmatively replied. It is further noted that the Defendant was the only client that his counsel was representing in the plea colloquy.
*6 Thus, we find that, as in Filer and Richard, the record in the present case demonstrates that portions of the plea colloquy were conducted individually and personally so as to afford the trial court an opportunity to assess whether the Defendant's guilty plea was knowing and intelligent. This record clearly establishes that the Defendant's guilty plea in the third predicate conviction was validly entered with a knowing and intelligent waiver of his Boykin rights. Accordingly, we find that the trial court correctly denied the Defendant's motion to quash the January 19, 2000, or third, predicate conviction. This assignment of error lacks merit.
ERROR PATENT DISCUSSION
The record was reviewed for errors patent, according to La.C.Cr.P. art. 920: State v. Oliveaux, 312 So.2d 337 (La.1975); State v. Weiland, 556 So.2d 175 (La.App. 5th Cir.1990). Following review, we find no errors patent on the face of the record.
Accordingly, based on the foregoing reasons, we affirm the Defendant's two convictions, operating a vehicle while intoxicate, fourth offense, and operating a vehicle while his license was suspended, and the respective sentences, on the first count, to fifteen year imprisonment, with 60 days to be served without benefit of parole, probation or suspension of sentence, and the remainder suspended with four years of home incarceration, and with a $5,000 fine and, on the second count, to seven days imprisonment without benefit of parole, probation or suspension, to run consecutive, and a $300 fine.
CONVICTIONS AND SENTENCES AFFIRMED.
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