# State in the Interest of K.H.

> Louisiana Court of Appeal · December 16, 1998 · 725 So. 2d 583

URL: https://www.frixlaw.com/law-library/cases/7719800

## Case

- **Full name:** STATE of Louisiana in the Interest of K.H. (sentenced as "K.T.H.")
- **Court:** Louisiana Court of Appeal
- **Decided:** December 16, 1998
- **Citations:** 725 So. 2d 583; 1998 WL 876961
- **Precedential status:** Published
- **Opinion:** Dissent by Gothard
- **Judges:** Dufresne, Gothard, Grisbaum
- **Cited by:** 21 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7719800

## Opinion text

GOTHARD, Judge,
dissenting.
I dissent. The trial court did not inform the defendant of the minimum sentence which could have been imposed before accepting his guilty plea. C.Cr.P. article 556.1 provides that a court shall not accept a guilty plea without first informing the defendant of the mandatory minimum penalty. Ch.C. article 104, in pertinent part, provides that, where procedures are not provided in the Children’s Code, or otherwise by law, the court shall proceed in accordance with the Code of Criminal Procedure in a delinquency proceeding and in a criminal trial of an adult.
I believe that C.Cr.P. article 556.1 provides a right to a criminal adult defendant to be fully informed of the possible sentences he would face so as to enable him to make a knowing and intelligent decision in a guilty plea. Although I recognize that a juvenile court has the discretion to, at a minimum, reprimand a juvenile and entrust him to the custody of his parents pursuant to Ch.C. article 897, I believe the rights granted under C.Cr.P. article 556.1 must also be afforded to a juvenile. Accordingly, I would vacate the guilty plea and remand the matter for further proceedings. See: State v. Reynolds, 98-170 (La.App. 5 Cir. 7/28/98) , 716 So.2d 485 ; State v. Chisley, 98-169 (La.App. 7/28/98), 718 So.2d 537 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7719800. Public record. Not legal advice.