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49 Ala. App. 263

Irby 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

Decided 1972-12-05

ALMON, Judge.

¶1The appellant pled guilty to an indictment charging burglary in the second degree and was sentenced to two years at hard labor for Dallas County.

¶2The record does not show any colloquy between the judge and the defendant to show compliance with Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274.

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

¶4Reversed and remanded

All the Judges concur.
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