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458 So. 2d 913

State v. Ellis

Supreme Court of Louisiana

Decided November 2, 1984

Supreme Court of Louisiana · decided 1984-11-02

Cited by 1 later decisions — most recently June 1990

1 state decisions

Relies on 384 So. 2d 440 - State v. Varnado

Good law ✅— No negative treatment on recordhow we know

Decided 1984-11-02

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¶1ORDER

¶2Writ Granted. Defendant’s guilty plea to DWI was uncounseled, with no valid waiver of counsel evidenced, and thus the conviction that resulted therefrom was not admissible at his probation revocation hearing. State v. Varnado, 384 So.2d 440 (La. 1980). The trial judge relied on this inadmissible evidence in rendering the judgment revoking defendant’s probation. (See the Per Curiam responses of the trial judge to defendant’s assignments of error.) Accordingly, the judgment revoking defendant’s probation is reversed and set aside and defendant is ordered released.

DENNIS and LEMMON, JJ., dissent.
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