State v. Granier9/30/2003
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED
Defendant, Willis Granier, appeals his conviction of driving while intoxicated, fourth offense. Granier entered a plea of guilty under State v. Crosby, 338 So.2d 584 (La. 1976), reserving his right to appeal the trial court's denial of his Motion to Quash two predicate offenses. He assigns the following errors:
1. The trial court erred in failing to quash the predicate offense of Record No. 617465, Division "A," Second Parish Court, because Mr. Willis Granier did not knowingly, intelligently and voluntarily waive his constitutional rights to be represented by counsel in that record.
2. The trial court erred in failing to quash the predicate offense of Record No. 617465, since Mr. Willis Granier was not informed of his constitutional rights so as to allow him to knowingly, intelligently and voluntarily enter a plea of guilty.
3. The trial court erred in failing to quash the predicate offense of Record No. 641594, Division "B," Second Parish Court since Mr. Willis J. Granier did not enter a knowing, intelligent and voluntary waiver of counsel prior to being tried for the charge of DWI, second offense.
4. The trial court erred in failing to quash the predicate offense of Record No. 641594 since Mr. Willis J. Granier, was not informed of his constitutional rights prior to or during the trial on April 2, 1998.
After review, this court grants the Motion to Quash in part, finding that Granier's guilty plea to one of the predicate offenses, that of Record No. 641594, Division "B," Second Parish Court, is constitutionally infirm. The denial of the Motion to Quash as to predicate offense from Record No. 617465, Division "A", Second Parish Court, is affirmed. We vacate the defendant's sentence, and remand for further proceedings.
PROCEDURAL HISTORY
On December 18, 2001, the Jefferson Parish District Attorney's Office filed a Bill of Information charging defendant with operating a motor vehicle while intoxicated (DWI), fourth offense. LSA-R.S. 14:98(E). Defendant was arraigned on January 7, 2002, and entered a plea of not guilty.
On January 15, 2002, defendant filed a Motion to Quash the Bill of Information. He argued that two of the predicate convictions alleged by the State were invalid because his guilty pleas in those cases were not knowing and voluntary. The trial court heard the motion on February 25, 2002, and took the matter under advisement. On February 27, 2002, the trial judge issued a judgment denying the Motion to Quash.
On July 11, 2002, defendant expressed his intention to withdraw his plea of not guilty, and to enter a plea of guilty as charged. Pursuant to Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), the trial court advised defendant of his right to trial by jury and confrontation, and his privilege against self-incrimination. The court also explained the charge against defendant, and the sentencing range to which defendant would be subject. Defendant stated that he understood his rights, and wished to waive them. Defendant further reserved his right to appeal the trial court's denial of his Motion to Quash. State v. Crosby, 338 So.2d 584 (La. 1976).
The trial court accepted defendant's guilty plea as knowing and voluntary, and the court sentenced defendant to ten years at hard labor, suspending all but the 60 days already served. The court also imposed a $5,000.00 fine, and placed defendant on five years' active probation. As conditions of probation, the judge ordered that defendant undergo
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