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State v. Muriithi5/31/2002
nt is based on the trial judge's failing to advise him that he was waiving constitutional rights. K.S.A. 2001 Supp. 22-3210(c) does not expressly require the trial court to inform a misdemeanant of anything. The statute does not even expressly require that the misdemeanant be present for a plea: "In traffic infraction, cigarette or tobacco infraction and misdemeanor cases the court may allow the defendant to appear and plead by counsel." K.S.A. 2001 Supp. 22-3210(c).
In Legg, the Court of Appeals stated, with regard to Legg's argument that his nolo contendere pleas to four misdemeanor counts were not voluntary as required by Boykin v. Alabama, 395 U.S. at 244: "This contention presupposes Boykin's application to misdemeanor pleas and, therefore, that K.S.A. 1999 Supp. 22-3210(c) is not constitutionally adequate. For the reasons that follow, we will not resolve these issues in this appeal; we simply assume Boykin is applicable." 28 Kan. App. 2d at 204.
Following the lead of the Court of Appeals and assuming that Boykin is applicable to Muriithi's nolo contendere pleas to Class A and B misdemeanor charges, we examine the transcript of the plea proceeding to determine whether the pleas were knowingly and voluntarily made. There was a factual basis for the pleas in the affidavit of the prosecuting attorney, to which the defendant stipulated. He was told that he had an absolute right to a trial where the State would have to prove his guilt beyond a reasonable doubt, where he would have the right to confront the State's witnesses and subpoena his own witnesses. He was also told that if he went to trial he would have an absolute right to appeal. Muriithi stated that he understood "all of those rights." He was informed of the charges and penalties. He was represented by counsel. Muriithi complains, however, that he was not informed that he would be giving up the rights that accompany a trial. Muriithi is well educated and fluent in English. It should have been self-evident to Muriithi that trial rights are exclusive to trials.
Affirmed.
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