Public-domain · open source
OpenJurist

532 So. 2d 1143

State v. Monk

Supreme Court of Louisiana

Decided October 27, 1988

Supreme Court of Louisiana · decided 1988-10-27

Relies on 404 So. 2d 1192 - State v. Jones · 517 So. 2d 402 - State v. Jones

Good law ✅— No negative treatment on recordhow we know

Decided 1988-10-27

How this case has been cited

Cited by 8 later decisions — most recently May 2019

8 state decisions

401988199020002010decided

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.

View the full empirical analysis of this case →

PER CURIAM.

¶1Granted. In a guilty plea to a misdemeanor, complete advice of rights is required only (1) if the plea is to be used as basis for actual imprisonment for that offense or (2) if the plea is to be used in the future (a) to enhance imprisonment or (b) to charge the subsequent commission of the same offense as a felony. State v. Jones, 404 So.2d 1192 (La.1981). Here, defendant has not been subjected to actual imprisonment for this offense and the state is not now attempting to use the conviction for this offense to enhance the penalty or to raise the grade of a later offense. If defendant is ever subjected to actual imprisonment for this offense or if the state ever attempts to use the conviction based on the present plea to enhance punishment for a future offense or to convert a subsequent misdemeanor into a felony, defendant can seek review of the validity of this guilty plea at that time. Accordingly, the judgment of the court of appeal is set aside, and the judgment of conviction is reinstated.1

¶2. State v. Jones, 517 So.2d 402 (La.App. 5th Cir.1987), which contained the same error, is hereby overruled.

/532/so2d/1143 · .json · Public domain