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State v. Hight3/1/2002
vided through discovery; 2) the plea was made without a valid waiver of defendant's right to counsel; and (3) a video was used to discuss the defendant's rights.
First, Louisiana's discovery rules "are intended to eliminate unwarranted prejudice arising from surprise testimony and evidence." When the defendant "is lulled into a misapprehension of the strength of the state's case through the prosecution's failure to disclose timely or fully," basic unfairness may result. State v. Allen, 94-2262, (La. 11/13/95), 663 So.2d 686, 688 (citations omitted). Sanctions for failure to comply with discovery motions are solely within the discretion of the trial judge and reversal is warranted only when there is an abuse of discretion and prejudice is shown. State v. Morris, 28,312 (La. App. 2d Cir. 8/21/96), 679 So.2d 482.
Although the State may have failed to produce a copy of the transcript in response to Hight's discovery motion, defendant was apprised of the docket number and other relevant information with which to identify the prior conviction. Moreover, Hight was provided with a copy of the minutes, waiver of rights form, traffic citation, and other documents related to the conviction. When defense counsel objected, the trial court found that the defendant was not prejudiced by the State's failure to provide a copy of the transcript. Given that the defendant was present at his guilty plea for the second offense DWI hearing, and that the State produced all relevant documents related to this conviction, we find that the trial court properly used the second guilty plea as a predicate offense, in spite of the State's failure to furnish a copy of the plea colloquy during discovery.
Regarding defendant's second and third issues with the Minden conviction, a DWI plea made without the assistance of counsel may not be used to enhance punishment of a subsequent offense absent a knowing and intelligent waiver of counsel. State v. Snider, 30,568 (La. App. 2d Cir. 10/21/97), 707 So.2d 1262, writ denied, 97-3025 (La. 2/13/98), 709 So.2d 748; State v. Mashaw, 554 So.2d 169 (La. App. 2d Cir. 1989). When a defendant waives his right to counsel, the court should advise the defendant of his right to counsel and to appointed counsel if he is indigent. State v. Inzina, 31,439 (La. App. 2d Cir. 12/9/98), 728 So.2d 458. The court should also determine on the record that the waiver is knowing and intelligent under the facts and circumstances of each case. Factors bearing on the validity of this determination include the age, education, experience, background, competency and conduct of the accused, as well as the nature, complexity and seriousness of the charge. State v. Strain, 585 So.2d 540 (La. 1991); State v. Inzina, supra. Nonetheless, the requisite inquiry for a valid waiver of the right to counsel may vary according to the circumstances. State v. Strain, supra; State v. Sudds, 31,813 (La. App. 2d Cir. 3/31/99), 730 So.2d 1056.
Determining the defendant's understanding of his waiver of counsel in a guilty plea to an uncomplicated misdemeanor requires less judicial inquiry than determining his understanding of his waiver of counsel for a felony trial. State v. Strain, supra; State v. Sudds, supra; State v. Inzina, supra. Indeed, the crime of DWI is a non-complex crime, even among misdemeanors, and is almost self explanatory. Id. Furthermore, the court is generally not required to advise a defendant who is pleading guilty to a misdemeanor of the dangers and disadvantages of self representation. The critical issue on review of the waiver of the right to counsel is whether the accused understood the waiver. What the accused understood is determined in terms of the entire record and not just by certai
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