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585 So. 2d 545

State v. Aultman

Supreme Court of Louisiana

Decided September 9, 1991

Supreme Court of Louisiana · decided 1991-09-09

Relies on 585 So. 2d 540 - State v. Strain · 575 So. 2d 357 - American States Insurance Co. v. Roark

Good law ✅— No negative treatment on recordhow we know

Decided 1991-09-09

How this case has been cited

Cited by 40 later decisions — most recently October 2018 · most notably 983 So. 2d 84 - Denoux v. Vessel Management Services, Inc. (2008), 648 So. 2d 888 - Baker v. MacLay Properties Co. (1995)

39 state decisions

170199120002010decided

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 →

LEMMON, Justice.

¶1The issue in this review of defendant’s conviction of driving while intoxicated, second offense (DWI-2) is whether defendant, at his guilty plea to the predicate offense of driving while intoxicated, first offense (DWI-1), knowingly and intelligently waived his right to counsel.

¶2At defendant’s guilty plea to DWI-1 the trial judge questioned him as to his age, occupation and level of education, explained the maximum penalty for the charged crime and the enhanced penalties for subsequent convictions, and advised him of his right to counsel and to appointed counsel if he was indigent. Defendant waived his right to counsel. The judge then explained defendant’s right against self-incrimination, right to trial, right to confront and cross-examine the witnesses against him, right to compulsory process, and right to appeal. After defendant waived these rights and the prosecutor presented a factual basis for the plea, the court accepted the guilty plea.

¶3After a hearing in the present case on defendant’s motion to quash the use of the prior conviction, the trial judge denied the motion. The court of appeal denied defendant’s application for supervisory writs in an unpublished order. This court granted certiorari. 575 So.2d 357.

¶4For the reasons assigned in State v. Strain, 585 So.2d 540 (La.1991), consolidated for argument with this case and also decided this day, the rulings of the lower courts are affirmed.

CALOGERO, C.J., concurs and assigns reasons. DENNIS, J., concurs in the decree.
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