Alabama Court of Criminal Appeals, 1972

Irby v. State

Irby v. State
Alabama Court of Criminal Appeals · Decided December 5, 1972 · Almon
49 Ala. App. 263; 270 So. 2d 693; 1972 Ala. Crim. App. LEXIS 829

Irby v. State

Opinion of the Court

ALMON, Judge.

The appellant pled guilty to an indictment charging burglary in the second degree and was sentenced to two years at hard labor for Dallas County.

The record does not show any colloquy between the judge and the defendant to show compliance with Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274.

On authority of Honeycutt v. State, 47 Ala.App. 640, 259 So.2d 846, and Walcott v. State, 288 Ala. 546, 263 So.2d 178, the judgment appealed from must be reversed and the cause remanded.

Reversed and remanded

All the Judges concur.

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