State v. Lynch
Decision Date | 28 November 1983 |
Docket Number | No. 82-KA-0859,82-KA-0859 |
Citation | 441 So.2d 732 |
Parties | STATE of Louisiana v. Robert Louis LYNCH. |
Court | Louisiana Supreme Court |
William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., James L. Davis Dist. Atty., Herman Lawson, Abbott J. Reeves, Asst. Dist. Attys., for plaintiff-appellee.
Ted Brett Brunson, Many, for defendant-appellant.
In this appeal, defendant contends that the trial court erred in finding him to be a second felony offender, because he was not fully advised of his Boykin 1 rights at the time of his first felony plea bargain. State v. Lewis, 367 So.2d 1155 (La., 1979).
Defendant, Robert Louis Lynch, was convicted by a jury of simple burglary of an inhabited dwelling in violation of LSA-R.S. 14:62.2. Defendant was then charged with being an habitual offender in violation of LSA-R.S. 15:529.1 because he had pleaded guilty to forgery on December 13, 1979. Defendant was convicted of being an habitual offender and sentenced to twelve years at hard labor, the first year without benefit of parole, probation or suspension of sentence.
The minute entry in connection with the prior guilty plea recited the following:
(S-3)
Defense counsel objected to the introduction of the minute entry on the ground that it did not affirmatively show the plea was knowingly and intelligently made. The state then called defendant's prior attorney of record to testify. According to that attorney's recollection, his client had entered into a plea bargain in which he pled guilty to four counts of forgery, received a suspended sentence and was placed on probation. (Tr. 10)
The trial court ruled that the attorney's testimony did not substantiate or detract from the recitation in the minutes and accepted the minute entry into evidence over defendant's objection. At the time of this ruling, the prosecutor had already asked that the transcript of the prior proceedings be filed into the record.
In the prior transcript, Lynch's attorney recites:
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96-897 La.App. 5 Cir. 3/25/97, State v. Styles
...Generally, where there is a discrepancy between the minute entry and transcript, the transcript should prevail. State v. Lynch, 441 So.2d 732 (La.1983). ...
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State v. Kitts
...of two sentences on the defendant. The sentencing transcript and minutes must prevail over the commitment order. See State v. Lynch , 441 So.2d 732, 734 (La. 1983). We also note that the sentence reflected for count two in the uniform commitment order would be illegal. On count two, the def......
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State v. Declouet
...commitment, the transcript generally prevails where there **32 is a discrepancy between the minutes and the transcript. State v. Lynch, 441 So.2d 732, 734 (La.1983). We therefore order that the March 19, 2009 commitment be corrected to reflect that (1) Defendant was not informed of the pres......
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State v. Anthony
...Uniform Commitment Order (UCO). Generally, when the transcript and minutes are inconsistent, the transcript prevails. State v. Lynch, 441 So.2d 732, 734 (La. 1983). The UCO indicates that the offense date was April 12, 2014; however, the record reflects that the offenses occurred on multipl......