State Of Louisiana VS Michael Anthony Carrere
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2007 KA 1432 STATE OF LOUISIANA Y VERSUS MICHAEL ANTHONY CARRERE Judgment Rendered December On Appeal 21 2007 from the 32nd Judicial District Court In and For the Parish of Tenebonne Trial Court No 463 877 Division Honorable Randall L Bethancourt Joseph District Jay Judge Presiding Counsel for Waitz E Appellee State of Louisiana Attorney J Luke Assistant District Attorney Houma LA Counsel for Defendant Bertha M Hillman Louisiana Appellate Project Michael Anthony Appellant Carrere Thibodaux LA BEFORE WHIPPLE GUIDRY AND HUGHES JJ HUGHES J The defendant infonnation with of LSA R S Michael 14 98 The defendant quash challenging pled guilty Following was under State appeal the defendant now a Crosby court s two a of his 338 So 2d 584 La denial of the motion appeals asserting and to quash violation a a wherein he denied The plea of guilty his right to The court sentenced the quash imposed was preserving 1976 assigmnent of error one DWI offenses and entered hearing a The defendant filed guilty motion to bill of charged by fourth offense predicate Boykin2 to ten years at hard labor not pled hearing the at rearraigned v was driving while intoxicated DWI motion to defendant Carrere Anthony 5 000 fine a The defendant We affinn the conviction and sentence FACTS Because the defendant Boykin hearing on July 13 intoxicated fourth offense the facts pled guilty 2006 the defendant on were not developed pled guilty to At the driving while December 8 2005 ASSIGNMENT OF ERROR In his sole in assigmnent of error the defendant denying his motion contends that one quashed voluntarily made I indigent In this appeal at the quash Boykin v predicate offense Specifically because his waiver of counsel the defendant was not knowingly and The defendant also contends the court erred in not time of this the defendant Alabama 395 U S finding guilty plea challenges only 5691 01 02 03 Terrebonne Parish 2 a of his DWI offenses listed in the bill of information should have been him to argues that the comi erred City one of the predicates namely Court ofHouma 238 89 S Ct 1709 23 LEd 2d 274 2 1969 Docket Number 00 uncounseled DWI conviction An of punishment a subsequent offense of counsel When to a an accused waives his misdemeanor the trial counsel and determine on the under to absent appointed court should determination the include indigent The competency and conduct of the accused and seriousness of the and every factor set forth above to establish counsel there must be sufficient a background complexity not on the record and intelligent waiver under the overall circumstances Whether has knowingly and intelligently waived depends on So 2d 540 542 pleading guilty La to societal a required misdemeanor of the Misdemeanors do stigma However in the as felonies automatically used to enhance advice should reflect this v an accused question that State v Strain 585 case have a Deshotel 98 0730 p 4 La the same though defendant who is consequences an error in the vast is an error consequences in App the in self the of by the arresting charge invalid majority of subsequent 1 Cir 2 23 99 3 to or through lack have rendered the subsequent violation danger that severe a dangers and disadvantages of self even testing equipment would can knowing a Uncounseled defendants when the misdemeanor is the first DWI to counsel is to to advise not carry knowledge sometimes plead guilty or a right 1991 the court is not representation officer right the facts and circumstances of each Generally same his into each inquire valid waiver of the to establish inquiry intelligently the nature judge need While the charge to validity of this experience as right should further and the on well as pleading guilty court knowingly education age enhance to advise him of his expressly bearing Factors counsel in to the record that the waiver is made circumstances used knowing and intelligent waiver a right counsel if he is be not may cases felony level the representation arrests 730 So 2d 994 on See State 996 97 The guilty plea October 15 2000 a DWI first offense committed Docket Number 00 5691 01 02 03 Houma City Court of issue involved at The Boykin hearing on this The defendant argues that after he indicated wanted an allowing attorney the him to defendant of the time only Yes I would replied A transcript indicates that the to speak with reason an explained money to an he wanted to court to speak an having was prepared attorney not The defendant and defendant the January his personally about to and that guilty plea meant a afford an one was the fine afraid of judge The not having pled guilty both in proper person the court The rights having would be an court to counsel specifically attorney and that if appointed to them at no stating You need to understand first of all that if you had any questions whatsoever concerning any of this stuff you have the right to be the benefit of having the case to to represented an obtain advice any defenses to the Guilty by Reason of be advised to by an attorney Now is for you to discuss determine whether or not you have attorney of course charge If you pled Not Guilty or Not Insanity then of course the lawyer would 4 were thoroughly rights including the right waiver of those attOlney the defendant to the court that the that he particular charges informed the defendants of the benefits of they could not part Prior to the comi addressing the hearing the defendants all of their explained a 2 2001 of the relevant put people in jail for other person one to which the to allow was money to pay the defendant that he did at he without guilty plea attorney about complete reading After further discussion the defendant Boykinized comi that 2 asked the defendant if he had attorney The defendant explained incarcerated for not being court that he would like to talk to questions January consult with an attorney During the Boykin hearing the any was the to not have taken his should court Tenebonne Parish matter 2001 on cost assist you at your trial in asserting any defenses and basically to see to it that if in fact you are convicted that that conviction is based upon competent evidence and the following of the to required hire no a with the If you re were amount of income that you attorney would be appointed an comi infonned the defendants of the second third first to do you to represent you at cost to you The that then circumstances attorney of your choice an indigent which has have normal Under procedures proper and fourth offense DWI DWI could be used prior sentences The court and the fines for explained a to them against them I I After personally colloquy ha ing spoken to the addressed the defendant defendants Following is the relevant between the court and the defendant the comi pOliion of the collectively regarding the request for counsel Q Mr Carrere charged with Do you think you understand what you are A Yes sir Q The second question Do explanation I just gave you A Yes sir Q Thirdly you think you understand the brief talk A to an Do you have any questions that you would like to attOlney about Yes I would Q How much more time is it going to take you to talk to a lawyer understanding that you ve had since October 14th Ive been trying to get me a job and A I really don t know everything and I can t afford an attorney at the moment Q You re not working A No not really part time every now and then I get a job doing a little paint work Q What type of work do you normally do A Siding stucco plastering Q It seems a little puzzling A Excuse Q It me seems a little puzzling construction being could have thousand A a to the way it me s because with real estate and going on I would think you jobs Not at the moment Q When was the last time you actually worked A I did ajob about two days ago Q And how long did that last A Just one day Q One day And that s the last time you worked 5 A Ive been in the treatment center for the last 40 been out Q Well for about Im not weeks two now declare you an indigent but I m going back at I 30 so you can talk to an going to allow you to come attorney about the matter and if to represent you Ive days appropriate I ll Come back about I 30 and you appoint him can to to Mr talk Levy A Excuse me Do I have to make plea today a Q I thought you wanted to talk to an attorney and I generally interpret that to mean that the person would like to talk to a lawyer before they make seems to Am I afterwards simplistic but it decide how you want to plead plea I might that before you to get advice about how you me you d want A their be want to plead and not misunderstanding situation where I would make my plea but I have the money to pay the fine at the moment Im just in a really don t I That s the only thing I m kind of scared about at the moment don t really want to get incarcerated for not having the money Q I don t put people in jail for not having money Let me tell People put themselves in jail you about my general practice for not complying with their responsibilities A Yes sir explain to you what my practice is My practice is that if a person pleads guilty then we set up a payment schedule with them as best as they can afford to pay and we Q But let me take it from there pled comply to either requirement and Id incarceration like I said you would have a with that statute about home If you give you time to do it clinic and do some A Ive been complying with the clinic Q I know you have talk to to the and go other stuff So would you lawyer A If I was given time would change my plea Q Well I don t think Ive been or going would you to not want to a to make arrangements you ve ever pled on payments I but if that s your you shouldn t worry about it because very seldom do when they come to comi have money to pay and if I did concern people that nobody would plead and the jail would be full of people What we schedule generally with that do is we to set up try what people maybe at can point some afford SOli of payment In your case back to work you can get but you also need to understand my focus Since you re going to the clinic and stuff like that I would really put that at the top anticipating some of your totem pole as it were to where you know you need to comply with all of that and everything else just ought to So my first concern would be to see to it that you continue on to the clinic and comply with all of their rules and follow regulations in an attempt to maintain sobriety A Im doing that faithfully Q SO how do you want to plead A Ill plead guilty to the charge Q And do you understand that by pleading guilty waiving the rights I just explained to you 6 you re A Yes sir Q How old A Thirty three are you Q And when you went to school what grade did A you go to I went to the 9th Q And you understand the English language Yes sir A The defendant also stated in signed The fonn form Explanation of Rights an pertinent pmi You have the afford cannot right an to be represented by attorney an If you attorney an attorney will be appointed to The benefit of having an represent you at no cost to you attorney is to obtain advice to discuss your cas e to determine any defenses to the charges to aid you in asserting these defenses to assist you at your trial to advise you how to plead and to see that if you are convicted that conviction is if there are based upon competent evidence The defendant inquiring into his reading suggests that the age of the above and excerpt indicates the and level of education colloquy education court Regarding the with the defendant the trial accepted his guilty plea However mental condition court without a did ask the defendant his age following its defendant s competence stated court Have the minutes reflect that based upon my brief talk with Mr Carrere my observation of him his response to today what I my questions I believe Mr Carrere is competent has call a lay person s understanding concerning his legal rights I think he understands that by pleading he s waiving those rights I will accept his plea since I find it to be freely knowingly voluntarily and intelligently made The critical issue on review of the waiver of the whether the accused understood the waiver determined in used by the judge 3 27 97 984 terms of the entire record and State 691 So 2d 775 777 The record before explained to v us the defendant his Marcoux not 7 counsel is just by certain magic words 96 0453 clearly indicates to to What the accused understood is 3 p writ denied 97 1079 La right right that the La 13 6 App 97 comi counsel and that if he 1 Cir 695 So 2d thoroughly pled guilty he would be waiving indicating appointed his to that right to to an to him by pleading guilty he While the defendant discussion with the court eliminated the need opportunity s intelligently made waiving the rights just was he wanted to talk as an to avail himself of the asserts not to indigency became moot or concerns which demeanor appearance waiver of counsel that the indigent right not was 97 1718 pp 6 7 the and knowingly and La 1 Cir App court an to counsel right In This finding him indigent and entitled to pleading guilty counsel right rendering the defendant en not This assertion is baseless accused is avail himself of the The trial court did not ened in to becomes necessary when the accused elects irrelevant See Marcoux 96 0453 the predicate offense s s predicate guilty plea offense the defendant waived his defendant chose defendant Lodrigue v The determination of whether counsel s fine the 674 at the time of his appointed the defendant a noting See State The defendant also indigent to pay that appears in the entire record and to observe the 712 So 2d 671 98 comi We find that an responses in court the defendant 15 5 attorney would be an initially indicated assuaged form a attOlney regarding that issue to talk to considering everything court indigent attorney regarding the singular issue of his inability ensuing after counsel and that if signed represent him The defendant specifically indicated to the he understood that explained Further the defendant read and right in at p 7 n denying 2 s to DWI Accordingly when the to counsel status as 691 So 2d at 779 the defendant s CONVICTION AND SENTENCE AFFIRMED the issue of indigent vel n non 2 motion to assigmnent of enol is without merit 8 first quash
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