 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Hight3/1/2002
n magic words used by the judge. State v. Strain, supra; State v. Snider, supra; State v. Inzina, supra; State v. Marcoux, 96-0453 (La. App. 1st Cir. 3/27/97), 691 So.2d 775, writ denied, 97-1079 (La. 6/13/97), 695 So.2d 984.
By analogy to a collective Boykin procedure sanctioned in the jurisprudence cited above, the use of a video to advise several defendants of their Boykin rights does not automatically render a guilty plea invalid. The transcript of the video in the instant case indicates that Hight was thoroughly advised of his right to counsel. Moreover, after inquiring into Hight's educational background and ability to understand English, the trial court briefly recited defendant's rights again. The trial court asked Hight if he understood his rights and if he wanted to waive them; Hight responded in the affirmative. Contrary to defendant's assertion on appeal, the trial court was not required to advise him of the dangers of self-representation. Since the transcript of Hight's guilty plea to DWI second offense does not indicate any infringement of his rights, we find that this assignment of error likewise lacks merit.
By assignment of error number ten, Hight argues that the trial court erred when it took judicial notice of his social security number and birth date from the transcripts of the two prior convictions. However, Hight also notes that it is unclear from the record whether the trial court actually took judicial notice of those two facts. The record indicates that after defense counsel objected, the trial court denied the State's request. Accordingly, this assignment is moot. However, we also note that the evidence of Hight's social security number and date of birth, apart from the prior transcripts, was properly established through the State's evidence at another point in the trial.
Hight also complains through assignments of error numbers twelve and thirteen that the trial court erred when it allowed testimony after the State had rested. Specifically, Hight argues that the trial court erred after the State rested in allowing Officer Faulkner to testify as to Deputy Huffstetler's actions, which Officer Faulkner observed. Under La. C.Cr.P. 765(5), the trial court is granted discretion to permit the introduction of additional evidence prior to argument. State v. Celestine, 443 So.2d 1091 (La. 1983), cert. denied, 469 U.S. 873, 105 S.Ct. 224, 83 L.Ed.2d 154 (1984); State v. Pickrom, 31,987 (La. App. 2d Cir. 5/5/99), 732 So.2d 800. Here, the State rested only momentarily before reopening its case. The State indicated that it would rest, then immediately asked the court about putting on one more item of testimony from Officer Faulkner concerning Hight's social security number. The defense's first witness had not yet been called for questioning. Under the circumstance concerning this slight irregularity, it is difficult to find that Hight was prejudiced in any manner whatsoever. La. C.Cr.P. art. 921.
Additionally, Hight argued that the trial court erred in allowing Officer Faulkner to testify as to what another officer did. Apparently, Hight asserts that Officer Faulkner lacked personal knowledge to testify as to what another officer said or did. However, the trial court specifically inquired into Officer Faulkner's personal knowledge and limited his testimony accordingly, as shown by the following colloquy:
The Court: Did you see him do that?
Witness: Ma'am?
The Court: Did you see him do that?
Witness: Yes, ma'am. I stood there while he got . . .
The Court: Alright. You just tell us what you saw.
Accordingly, these assignments have no merit.
By four assignmen
Page 1 2 3 4 5 6 7 8 Louisiana DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|