STATE of Louisiana
v.
Andrew J. SMITH.
Court of Appeal of Louisiana, First Circuit.
Walter P. Reed, District Attorney, Covington, Dorothy A. Pendergast, Metairie, for Appellee State of Louisiana.
Douglas A. Allen, Jr., Jefferson, for Appellant Andrew J. Smith.
Before LeBLANC, FOGG and PARRO, JJ.
LeBLANC, Judge.
The defendant, Andrew Joseph Smith, was charged by bill of information for driving while intoxicated, third offense, a violation of La. R.S. 14:98. The defendant originally pled not guilty; however, he subsequently changed his plea to guilty as charged, reserving his right under State v. Crosby,
FACTS:
Because the defendant pled guilty, the facts of the offense were not fully developed. On August 23, 1996, in St. Tammany Parish, the defendant operated a motor vehicle while under the influence of alcoholic beverages. The defendant had two prior convictions of driving while intoxicated.
ASSIGNMENT OF ERROR:
In his sole assignment of error, the defendant contends that the trial court erred in failing to grant his motion to quash the instant bill of information. In his brief to this court, he argues that a prior plea to driving while intoxicated (# 208364) was defective because at the time of the plea, he was not informed of his right to judicial review. Thus, the defendant contends that because he was not informed of his right to appeal, he did not intelligently waive that right and, thus, his guilty plea was not knowingly and intelligently entered.
Boykin v. Alabama,
Although the defendant urges this court to expand the three-right articulation rule of Boykin and adopt a rule declaring invalid guilty pleas in which the trial judge fails to inform the defendant of his right to judicial review of a conviction, we decline to expand the list of rights about which a defendant must be warned by the trial judge. See State v. Hall,
CONVICTION AND SENTENCE AFFIRMED.
