Legal Opinion · Dissent

State v. Thomas

Louisiana Court of Appeal

Decided April 2, 1997No. 29477-KAPublished

1Dissent

liNORRIS, Judge,

dissenting.

I respectfully dissent. The majority opinion vacates the instant guilty plea, sets aside the conviction and sentence, and remands for further proceedings based upon “the unintelligent and involuntary nature of the defendant’s plea[.]” However, I believe the better result would be to hold this appeal in abeyance pending an additional Boykin hearing. See State v. Fletcher, 624 So.2d 470 (La.App. 2d Cir.1993); State v. Linear, 600 So.2d 113 (La.App. 2d Cir.1992). I do not read the colloquy as absolutely, unambiguously rendering the defendant’s guilty plea unintelligent…

2Cases cited2 opinions

  1. State v. LinearLouisiana Court of Appeal · 1992
  2. State v. FletcherLouisiana Court of Appeal · 1993

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