 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Durio5/26/2004
he supreme court affirmed the validity of a predicate offense, finding that "the totality of the circumstances surrounding the 1994 guilty plea demonstrate a valid waiver of the defendant's right to counsel." In Stevison, the defendant was not represented by counsel, and when he expressed hesitation, the trial court asked a defense attorney present in the court room to advise him. After discussing the matter with the attorney, the defendant informed the court that he wished to waive counsel and handed the court a signed plea of guilty form and waiver of constitutional rights. The trial court then accepted the defendant's plea without further inquiry into whether he had the capacity to waive his right to counsel. The supreme court stated:
Although Strain observed that " actors bearing on the validity of [the waiver] include the age, education, experience, background, competency and conduct of the accused," id., 585 So.2d at 543, we did not thereby establish inflexible criteria or a magic word formula for determining the voluntariness of a waiver. The inquiry into the validity of the accused's waiver of counsel must take into account the totality of the circumstances in each case.
Id. at 844-45 (emphasis added).
Upon review of the record, we find that the totality of the circumstances indicates that Defendant knowingly and intelligently waived his right to counsel when he pled guilty to the offense in St. Landry Parish on February 29, 1996. In addition to the advice given by the judge in the colloquy and the acknowledgments on the waiver of rights form, the record shows that Defendant was represented by counsel through some of the proceedings in St. Landry Parish and that, at the time of that plea, Defendant was familiar with the procedure, as he had entered two previous OWI pleas, one of which was entered with counsel present. The Defendant's two prior pleas and the fact that he was represented by counsel at some point in the proceedings distinguish this case from State v. Lambert, 97-64 (La.App. 3 Cir. 9/30/98), 720 So.2d 724, in which we disallowed for enhancement the first of two predicate offenses in which the defendant was apparently never represented by counsel. Finding no error in the denial of the motion to quash the St. Landry Parish predicate offense, we affirm Defendant's conviction of OWI, third offense.
Decree
For the above reasons, Defendant's conviction for OWI, third offense, is affirmed. However, the case is remanded with instructions that the trial court establish a payment plan for the fine and costs ordered as a condition of probation. On remand, the trial court should also order that the minutes of sentencing be amended to correctly reflect that Defendant is to receive credit for time served since March 27, 2002. Finally, we amend the fee imposed pursuant to La.R.S. 46:2633 to $100, the amount specified by La.R.S. 46:2633(B)(1)(b)(v) for a third offense OWI conviction.
AFFIRMED AS AMENDED AND REMANDED WITH INSTRUCTIONS.
Page 1 2 3 4 5 6 Louisiana DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|