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441 So. 2d 1062

Smith v. State

Court of Criminal Appeals of Alabama

Decided November 29, 1983

Court of Criminal Appeals of Alabama · decided 1983-11-29

Cited by 4 later decisions — most recently May 1993

4 state decisions

Key passage — most relied on by later courts

“as an absolute constitutional prerequisite to acceptance of a guilty plea,”

quoted by 1 later decision, including 563 So. 2d 3 - Looney v. State

Relies on Boykin v. Alabama · Carter v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1983-11-29

View the full empirical analysis of this case →

¶1

¶2Nathan Smith, the appellant, pled guilty to burglary in the third degree and was sentenced to ten years' imprisonment. His conviction must be reversed because his plea of guilty was not entered in compliance with Boykin v. Alabama, 395 U.S. 238,89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). For this reason, the Attorney General has declined to file a brief. Boykin requires that an accused must be informed of the maximum and minimum possible sentence "as an absolute constitutional prerequisite to acceptance of a guilty plea." Carter v. State, 291 Ala. 83,85, 277 So.2d 896 (1973).

¶3The judgment of the circuit court is reversed and this cause is remanded for further proceedings.

¶4REVERSED AND REMANDED.

¶5All Judges concur.

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