Donald Elliot Watson v. State Book Reviews

Donald Elliot Watson v. State by Court of Criminal Appeals of Alabama Book Summary

DeCARLO, JUDGE The appellant was indicted and charged with the offense of unlawfully breaking and entering a vehicle. After
arraignment, with his attorney present, he pleaded not guilty and filed a "request to enter a guilty plea." This "request
to enter a guilty plea," signed by the appellant and his attorney, follows the form found in Ireland v. State, 47 Ala. App.
65, 250 So. 2d 602. This form incorporates the requirements of Boykin v. Alabama, 395 U.S. 238, 89 S. Ct. 1709, 23 L. Ed.
2d 274. The record indicates questions by the trial Judge concerning the guilty plea form and the requisites of Boykin, supra.
The court granted the appellant's request to plead guilty and, after accepting his guilty plea, set a date for sentencing.
Previously, the appellant had been given notice that he was to be sentenced under the Habitual Offender Statute, §
13A-5-9, Code of Alabama (1975). At the sentencing hearing, the State established that the appellant had eight prior forgery
convictions with concurrent sentences of sixteen months which had been probated. No evidence which showed that the appellant
had served any time for these cases was elicited. The State showed that the appellant had been convicted of felony possession
of marijuana and indicated that he had served time in the penitentiary for this offense. The appellant moved to exclude from the record and the consideration of the court the nine felony convictions enumerated.
The court denied the motion, and the appellant was sentenced to fifteen years in accordance with the Habitual Offender Act,
§ 13A-5-9, supra.

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