STATE of Louisiana
v.
Leonard SMALLWOOD.
Supreme Court of Louisiana.
PER CURIAM.
Granted. The decision of the Second Circuit is reversed, and respondent's guilty plea and sentence are reinstated.
A majority on the court of appeal panel found that the trial judge's statement informing respondent that the state would have to prove its case beyond a reasonable doubt and that his attorney would have the opportunity to cross-examine the state's witnesses at a trial did not suffice as an advisement to relator of his right to confront his accusers. The majority opinion set aside the guilty plea on that basis. State v. Smallwood, 41,763 (La.App. 2nd Cir. 9/14/06)(Brown, C.J., dissenting). In doing so, the majority relied on the court of appeal's prior decision in State v. Mendenhall, 40,986 (La.App.2d Cir. 5/19/06,
Applying these precepts to the instant case, the language used by the trial judge appears sufficiently tailored to inform a 39-year-old defendant, who was educated through the twelfth grade, that because he was waiving his right to have counsel cross-examine the witnesses against him he was waiving his right to confrontation, and that, because he was pleading guilty, there would be no further trial. See State v. Martin,
Accordingly, we again agree with the dissenting views of Chief Judge Brown that the circumstances in the record reflect a knowing and voluntary waiver of respondent's rights and compliance with the constitutional requirements for the taking of voluntary guilty pleas in Louisiana.
