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770 So. 2d 804

State v. Munholland

Louisiana Court of Appeal

Decided July 26, 2000

Louisiana Court of Appeal · decided 2000-07-26

Cited by 3 later decisions — most recently May 2007

3 state decisions

Relies on Boykin v. Alabama · 741 So. 2d 112 - State v. Kunzman

Good law ✅— No negative treatment on recordhow we know

Decided 2000-07-26

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PER CURIAM.

¶1Our error patent review has exposed a jurisdictional error and we assign this appeal for summary disposition without oral argument. URCA 2-11.3.

¶2The record reveals, and the state concedes, that at the time of his guilty plea to DWI 3d, the trial court failed to advise the defendant of his right to a jury trial, an essential element of a valid guilty plea in a felony case. We therefore vacate the conviction, set aside the sentence, and remand this ease to the district court for further proceedings according to the law. Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969); State v. Kunzman, 31,976 (La.App.2d Cir.5/5/99), 741 So.2d 112.

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