record must affirmatively disclose defendant was informed of and aware his plea of guilty waived the Boykin rights
How later courts described this case
- record must affirmatively disclose defendant was informed of and aware his plea of guilty waived the Boykin rights
Written by the judges who cited it.
The opinion
HEFLIN, Chief Justice
(dissenting):
I am of the opinion that written instruments can be used in connection with the *83 requirements of Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 . There is a danger that the use of such can become so commonplace and perfunctory that they fail to serve the purpose for which they are intended. Steps should be taken to guard against such use. I am of the opinion that when written instruments are used it is incumbent upon the trial court to ascertain that the defendant has read said instruments, or has had said instruments read to him, and that he fully understands that he has executed such a document. I think it is further incumbent upon the judge to ascertain whether or not the defendant can read or write. In my opinion, the colloquy to ascertain all of this should appear in the record of the case in order that an appellate court can be convinced that there was not just a perfunctory use of written documents.
If this type of colloquy had appeared in the court reporter’s transcript of the record, I would have concurred with the maj ority opinion.