Jones v. State, 1 Div. 259
| Decision Date | 14 March 1972 |
| Docket Number | 1 Div. 259 |
| Citation | 261 So.2d 451,48 Ala.App. 32 |
| Parties | Edward JONES v. STATE. |
| Court | Alabama Court of Criminal Appeals |
David L. Barnett, Mobile, for appellant.
William J. Baxley, Atty. Gen., and Samuel L. Adams, Asst. Atty. Gen., for the State.
This cause is remanded to the Circuit Court for a further hearing as to whether or not the appellant, before pleading guilty, had been informed as to the minimum and maximum punishment for grand larceny. See Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274.
Remanded with directions.
ON REHEARING
The Attorney General has called our attention to Jones, (1 Div. 257, affirmed April 4, 1971, without opinion) wherein on the same day of the plea of instant concern the defendant also entered a guilty plea to another indictment for a separate crime of grand larceny. Therein the Boykin colloquy specifically covered three separate indictments, Circuit Court No. 23,914 (here involved), No. 24,251 (in Jones, 1 Div. 257, supra) and No. 23,913 ().
The colloquy in 1 Div. 257 shows in pertinent part:
We consider the foregoing relevant to the appeal sub judice because this court, as did the former Court of Appeals, takes judicial notice of its own records. 1 Ex parte Reliford, 37 Ala.App. 697, 75 So.2d 90.
We wish to thank the Assistant Attorney General for catching our coattail ere we went over the brink into folly.
The application for rehearing is hereby granted and upon reconsideration the judgment of conviction based on appellant's plea of guilty is hereby.
Affirmed.
1 Where the law requires an essential component item of proof to be laid before a trier of fact the principle does not obtain. Compare Ex parte Reliford, 37 Ala.App. 697, 75 So.2d 90, with Smothers v. State, 39 Ala.App. 292, 98 So.2d 66.
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White v. State
...sentences as an absolute constitutional prerequisite to the acceptance of a guilty plea. Carter v. State, citing Jones v. State, 48 Ala.App. 32, 261 So.2d 451 (1972); Spidell v. State, 48 Ala.App. 24, 261 So.2d 443 (1972); People v. Ingeneri, 7 Ill.App.3d 809, 288 N.E.2d 550 (1972); People ......
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...sentences as an absolute constitutional prerequisite to the acceptance of a guilty plea. Carter v. State, citing Jones v. State, 48 Ala.App. 32, 261 So.2d 451 (1972); Spidell v. State, 48 Ala.App. 24, 261 So.2d 443 (1972); People v. Ingeneri, 7 Ill.App.3d 809, 288 N.E.2d 550 (1972); People ......
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...and valid guilty plea, the defendant must be informed on the record of the maximum and minimum possible sentences. In Jones v. State, 48 Ala.App. 32, 261 So.2d 451 (1972), the Court of Criminal Appeals cited Boykin v. Alabama as authority to remand the case to the trial court for a further ......
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...sentences as an absolute constitutional prerequisite to the acceptance of a guilty plea. Carter v. State, citing Jones v. State, 48 Ala.App. 32, 261 So.2d 451 (1972); Spidell v. State, 48 Ala.App. 24, 261 So.2d 443 (1972); People v. Ingeneri, 7 Ill.App.3d 809, 288 N.E.2d 550 (1972); People ......