State Of Louisiana VS Clifford Joseph Etienne
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT 2017 KW 1501 LOUISIANA OF NO. JOSEPH STATE V z 8 2017 N VERSUS In ETIENNE '• State Re: WRIT GRANTED regard, 15: 529. 1 La. R. S. his right 1st Cir. to PART must AND law must be 740 admission his So. 3d 498, 504. defendant that the to of the The silent. rights of this requirements and of right to 2d of court be to a law requires vacated. in 2013 the that to right failed also 224 advise showing his silent. 17), and record a his offender record of 5/ properly proceedings to prove 7/ sentence no defendant the sentencing the and is offender to a trial right remain habitual the the to Cir. adjudication habitual his of of App. accepting State his failure s There advised the App. face the Before La. offender, defendant under on 760. at court sentencing In 98- 1547 ( Fox, multiple La. court' offender So. 2d transcript the of v. require 51, 446 ( error a the advise trial his patent habitual 740 Fox, A of constitutes language The construed. 760. 758, is he right Grimble, v. JJ. PART. strictly State So. 2d that specifically State IN aspect See silent. hearing, identity as a multiple offender, See Baton East of is the court' s duty to inform the defendant remain formal PENZATO, DENIED integral and 6/ 25/ 99), defendant' s judge IN AND HOLDRIDGE, offender implicit an writs, supervisory Parish Court, 09- 05- 0506. No. HIGGINBOTHAM, habitual the for applying District Judicial Rouge, BEFORE: Louisiana, of 19th the remain the advise defendant of his rights to a hearing and to have the State prove his identity as a multiple offender before the defendant waived those rights. the habitual offender adjudication Accordingly, the and the sentence is matter on trial his of court fully rights are only) district the first to court defendant two ( count to remanded and to relative with the State' s is writ denied. counsel at 393 2, State curiam); are the some no Cronic, 466 1984). is prejudice. S. Ct. v. performance counsel La. the advise specifically offender the habitual Const. 2052, assistance U. S. 648, Actual presumed See 2067, So. 2d which, of as n. 11, is 104 Relative 13; I, § 21 584, be 585 ( so denial a law v. L. Ed. 2d of Washington, 674 ( 1984). to 466 is The 2044, court S. Rhay, per There present, that, in States v. 80 L. Ed. 2d assistance have U. S. v. 1976). United of U. 1968) ( inadequate 2039, Ct. 2( counsel of including waived. La. provided." S. assistance McConnell L. Ed. 2d the untimely, the intelligently constructive matter is proceedings, although may counsel 654 to right 33- 34, counsel Strickland 80 art. 325 in or the is 32, S. Ct. reconsider criminal right White, of has of this 89 to motion accused circumstances effect, 657 ( VI; 3- 4, the stage unless amend. U. S. An every sentencing, Const. claim for instructions proceedings before obtaining a waiver of those rights. to this and vacated, of in resulted 668, 692, should 104 take STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT 2017KW1501 Page 2 immediately following the habitual offender proceedings and resentencing on count two. up the motion to reconsider the sentences GH AHP TMH COURT OF APPEAL, EPUTY FOR CLERK THE FIRST OF CIRCUIT COURT COURT
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