State v. Hight3/1/2002
e cannot testify that another is under the influence of alcoholic beverages.
La. C.E. art. 701 provides that if the witness is not testifying as an expert, his testimony in the form of opinions and inferences is limited to those opinions or inferences which are: (1) rationally based on the perception of the witness; and (2) helpful to a clear determination of a fact at issue. It is well settled that intoxication, with its attendant behavioral manifestations, is an observable condition about which a witness may testify. State v. Allen, 440 So.2d 1330 (La. 1983); State v. Minnifield, 31,527 (La. App. 2d Cir. 1/20/99), 727 So.2d 1207, writ denied, 99-0516 (La. 6/18/99), 745 So.2d 19. It is unclear how Hight attempts to distinguish between a person being "intoxicated" and a person who is "under the influence." However, the Louisiana supreme court has found that the lay opinion of whether a person is under the influence is admissible. State v. Ryan, 122 La. 1095, 48 So. 537 (La. 1909). Therefore, the officers' testimony that the defendant was under the influence of alcohol was admissible. Accordingly, these assignments of error are without merit.
Next, in assignment of error number eight, Hight argues that his prior conviction in 1995 cannot serve as a predicate offense, because: 1) he was advised of his rights collectively with several other individuals; 2) his right to counsel was not sufficiently covered; 3) there was no basis for his guilty plea; and 4) the trial court did not sufficiently advise him of the possibility of enhanced penalties if convicted again.
In order for a misdemeanor guilty plea to be used as a basis for actual imprisonment, enhancement of actual imprisonment, or conversion of a subsequent misdemeanor into a felony, the trial judge must have informed the defendant that by pleading guilty, the defendant has waived his privilege against compulsory self-incrimination, his right to trial (and jury trial where it is applicable), and his right to confront his accusers. The trial judge must also ascertain that the accused understood what the plea connotes and its consequences. Boykin v. Alabama, 395 U.S. 238, 89 S. Ct. 1709, 23 L. Ed. 2d 274 (1969); State v. Jones, 404 So.2d 1192 (La. 1981); State v. Lott, 29,082 & 29,083 (La. App. 2d Cir. 1/22/97), 688 So.2d 608, writ denied, 97-0711 (La. 9/26/97), 701 So.2d 979.
Hight's assertion that a Boykin advisement to a group of defendants precludes the entry of a free, knowing and voluntary guilty plea is without merit. This court has upheld predicate offenses where the Boykin advisements were given to a group of defendants. See State v. Burford, 32,099 (La. App. 2d Cir. 6/16/99), 738 So.2d 1158; State v. Franks, 31,641 (La. App. 2d Cir. 2/24/99), 730 So.2d 998. Additionally, the transcript of Hight's guilty plea indicates that he and the other defendants were collectively advised of their right to an attorney. Finally, the trial court informed them of the possibility of enhanced penalties in the event of a future conviction for a DWI offense. Moreover, the trial court personally addressed Hight with regard to his right to counsel and informed him that he would face an enhanced penalty upon a second conviction. The trial court inquired into Hight's age, occupation, and educational background before finding that he knowingly and voluntarily pled guilty. Therefore, the transcript of Hight's first guilty plea does not reveal any infringement of the defendant's rights. Accordingly, this assignment has no merit.
Hight likewise urges in assignment of error number nine, that his DWI conviction in Minden City Court cannot serve as a predicate offense, because: 1) the transcript of the proceeding was not pro
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