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49 Ala. App. 166

Congo v. State

Court of Criminal Appeals of Alabama

Decided August 15, 1972

Court of Criminal Appeals of Alabama · decided 1972-08-15

Cited by 5 later decisions — most recently December 1973

5 state decisions

Relies on Boykin v. Alabama · In RE WALCOTT v. State · 47 Ala. App. 640 - Honeycuttt v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1972-08-15

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TYSON, Judge.

¶1The three count indictment charged burglary in the second degree, grand larceny, and buying, receiving, concealing, or aiding in concealing certain alleged stolen property. Appellant pleaded guilty, accompanied by counsel, and judgment set sentence at five years imprisonment in the penitentiary.

¶2The record is devoid of any colloquy between the trial judge and the appellant at the time of taking the plea of guilty to show compliance with Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274. Boykin, supra, requires this Court to review this colloquy in its entirety whether the appellant is indigent, or otherwise.

¶3On authority of Honeycutt v. Alabama, 47 Ala.App. 640, 259 So.2d 846; and Walcott v. State, 288 Ala. 546, 263 So.2d 178, the judgment below must be reversed and the cause remanded.

¶4Reversed and remanded.

All the Judges concur.
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