State Of Louisiana v. Kendrick Volter ( 2024 )

STATE OF LOUISIANA NO. 2024 KW 0713
VERSUS
KENDRICK VOLTER OCTOBER 7, 2024
In Re: Kendrick Volter, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge, No.
DC - 20- 04265.
BEFORE: WOLFE, MILLER, AND GREENE, JJ.
WRIT GRANTED. The trial court' s ruling denying relator' s
motion to withdraw his guilty plea is reversed and this matter is
remanded to the district court for further proceedings. The plea
was not a voluntary and intelligent relinquishment of known rights
because the trial court read the elements and penalty range for
armed robbery at the Boykin hearing without reference to La. R. S.
14: 64. 3 and the firearms enhancement. See State v. Phillips, 2022-
1362 ( La. App. 1st Cir. 6/ 20/ 23), 2023 WL 4067697, * 2
unpublished) , writ denied, 2023- 01004 ( La. 1/ 24/ 24) , 377 So. 3d
691. The trial court must clearly indicate, with reference to the
counts in the charging instrument, the nature of each offense, the
statutes violated, and the terms of imprisonment imposed. See
State v. Cooper, 2020- 00105 ( La. 3/ 2/ 21), 311 So. 3d 341.
EW
SMM
HG
OURT OF APPEAL, FIRST CIRCUIT
EPUTY CLERK OF COURT
FOR THE COURT