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49 Ala. App. 248

McGullion v. State

Court of Criminal Appeals of Alabama

Decided December 5, 1972

Court of Criminal Appeals of Alabama · decided 1972-12-05

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 1972-12-05

How this case has been cited

Cited by 19 later decisions — most recently June 2002

19 state decisions

1001972198019902000decided

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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TYSON, Judge.

¶1The two-count indictment charged burglary in the second degree and grand larceny. Appellant plead guilty to grand larceny, accompanied by counsel, and judgment set sentence at one year and one day imprisonment in the penitentiary.

¶2The record is devoid of any colloquy between the trial judge and the appellant to show compliance with Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274. The minute entry must affirmatively reflect the questions asked and answers given at the time of taking the guilty plea. 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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