Opinion
8 Div. 52.
February 24, 1970.
Appeal from the Circuit Court of Madison County, John D. Snodgrass, J.
Richard A. Kempaner, Huntsville, for appellant.
Where a defendant faces death or imprisonment upon entering a plea of guilty, the record, meaning the minute or judgment entry or the court reporter's transcript of the testimony, must contain statements or recitals showing that the accused knowingly and intelligently and voluntarily waived: 1. The privilege against compulsory self incrimination; 2. The right of trial by jury; 3. The right to confront one's accusers; and further that the court must canvass the matter with the accused and the record must show that: 4. Accused has full understanding of what the plea connotes, including: a. The nature of the charge, and b. The acts sufficient to constitute the offense; 5. The consequences of the plea, including the range of sentences; and that failure of the record to contain such statements or recitals is reversible error. State of Alabama, Office of Attorney General Memo dated August 7, 1969, to District Attorneys, Re: Pleas of Guilty. Boykin v. Alabama, No. 642, June 2, 1969, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274.
MacDonald Gallion, Atty. Gen., and Jasper B. Roberts, Asst. Atty. Gen., for the State.
The requirements of Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274, that there must be record evidence in pleas of guilty showing that the judge has ascertained from the defendant the requisition elements of voluntariness and comprehension are to be applied only to cases decided after June 2, 1969. Hall v. State, 7th Div. No. 27, November 25, 1969, 228 So.2d 863.
On March 4, 1969, the Grand Jury of Madison County returned three indictments charging appellant with (1) carnal knowledge of a girl over twelve and under sixteen years of age, (2) indecent molestation of a child, and (3) the crime against nature. The carnal knowledge charge was reduced by agreement to indecent molestation.
On March 7, 1969, with the assistance of court appointed counsel, appellant pled guilty to all three indictments. He was sentenced to serve five years in the penitentiary for each of the child molestation offenses and ten "days" for the crime against nature. Tit. 14, § 106, Code of Alabama, 1940, fixes the punishment for the crime against nature at not less than two nor more than ten years. Presumably, the ten "day" sentence is an error.
Appellant's only contention is that this court should reverse these three convictions because the record does not disclose that he voluntarily and understandingly entered his pleas of guilty in accordance with Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274. Boykin was decided on June 2, 1969. Appellant entered his guilty pleas on March 7, 1969. In Hall v. State, 45 Ala. App. 252, 228 So.2d 863, we held the principles announced in Boykin were not to be given retroactive application.
Therefore, the judgments appealed from are due to be and the same are hereby affirmed. The crime against nature cause is remanded for proper sentencing.
Affirmed and remanded.