State v. Smith
Annotate this CaseDefendant was charged with driving under the influence of alcohol (DUI). A part two information alleged that Defendant had two previous DUI convictions within the last ten years, including one in 2011. Defendant filed a motion to strike the 2011 conviction from the part two information, claiming that his guilty plea was invalid because he was not fully advised that he would waive his right to a jury trial, right to confrontation, and right against self-incrimination. The circuit court agreed with Defendant and ordered that the 2011 conviction be stricken from the part two information. The Supreme Court reversed, holding that the circuit court erred when it struck Defendant's 2011 conviction from the part two information, as the record affirmatively showed that Defendant was fully advised of his rights under Boykin v. Alabama during his 2011 conviction and intelligently and voluntarily waived those rights.
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