Clark v. State, 6 Div. 216
Decision Date | 07 March 1972 |
Docket Number | 6 Div. 216 |
Citation | 48 Ala.App. 108,262 So.2d 310 |
Parties | Billy Don CLARK v. STATE. |
Court | Alabama Court of Criminal Appeals |
Joseph A. Colquitt, Tuscaloosa, for appellant.
William J. Baxley, Atty. Gen., and Richard F. Calhoun, Asst. Atty. Gen., for the State.
The indictment in this case charges murder in the first degree. To this indictment the appellant, on November 4, 1969, entered pleas of not guilty and not guilty by reason of insanity, and was granted leave to plead further by the trial court. The cause was thereafter twice continued for trial, and on June 9, 1970, the appellant appeared in open court, accompanied by counsel, withdrew his pleas of not guilty and not guilty by reason of insanity and entered a plea of guilty to murder in the second degree. On this date, we find the following:
'BILLY DON CLARK was then first duly sworn (affirmed) to speak the truth, the whole truth, and nothing but the truth.
Thereafter follows a discussion between counsel and the appellant as to their discussions prior to trial, counsel's advice to his client, and his expressed satisfaction in the representation by this attorney, then the following:
The question presented on this appeal is whether the record shows a valid waiver of constitutional rights by defendant before he was permitted to withdraw his pleas of not guilty and enter a plea of guilty.
In Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274, decided June 2, 1969, and which was applicable to defendant's plea of guilty entered June 9, 1970, the court said:
'A plea of guilty is more than a confession which admits that the accused did various acts; it is itself a conviction; nothing remains but to give judgment and determine punishment. See Kercheval v. United States, 274 U.S. 220, 223, 47 S.Ct. 582, 583, 71 L.Ed. 1009, (1012). Admissibility of a confession must be based on a 'reliable determination on the voluntariness issue which satisfies the constitutional rights of the defendant.' Jackson v. Denno, 378 U.S. 368, 387, 84 S.Ct. 1774, 1786, 12 L.Ed.2d 908, (922), 1 A.L.R.3d 1205. The requirement that the prosecution spread on the record the prerequisities of a valid waiver is no constitutional innovation. In Carnley v. Cochran, 369 U.S. 506, 516, 82 S.Ct. 884, 890, 8 L.Ed.2d 70, (77), we dealt with a problem of waiver of the right to counsel, a Sixth Amendment right. We held:
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