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320 So. 2d 184

Docket No. 56352.

State v. Knighten

STATE of Louisiana v. Thelma KNIGHTEN.

Supreme Court of Louisiana

Decided October 9, 1975.

Supreme Court of Louisiana · decided 1975-10-09

Relies on Boykin v. Alabama

Good law ✅— No negative treatment on recordhow we know

Decided 1975-10-09

How this case has been cited

Cited by 8 later decisions — most recently September 2015

8 state decisions

4019751980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1*185 Walter C. Dumas, Baton Rouge, for defendant-appellant.

¶2William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Atty. Gen., Ossie Brown, Dist. Atty., Richard E. Chaffin, Asst. Dist. Atty., for plaintiff-appellee.

¶3CALOGERO, Justice.

¶4Defendant in this case was charged by bill of information with the crime of attempting to obtain possession of a controlled dangerous substance, dilaudid, by fraud, in violation of La.R.S. 40:971(B) (1)(b). After initially pleading not guilty to the offense, defendant changed her plea to one of guilty and was sentenced to two and one-half years at hard labor.

¶5On appeal to this Court, defendant argues that her guilty plea was not given freely and voluntarily, and that she should therefore be allowed to withdraw it.

¶6No motion to withdraw the guilty plea was ever filed by defendant, nor has she perfected an assignment of error for this appeal. And since the voluntariness of a guilty plea is not an error discoverable on the record, there is nothing for us to review.[1]

¶7For these reasons, the conviction is affirmed.

NOTES

¶8[1] A review of the record, which is made unnecessary by our disposition in this case, does indicate a comprehensive explanation by the trial judge of defendant's rights as required by Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). However, we are not called upon in this appeal to make the determination as to whether defendant's guilty plea was intelligent and voluntary. Defendant's remedy on this constitutional ground is by writ of habeas corpus should she choose to pursue it.

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