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Clemmons v. City of Muscle Shoals
Citations: 565 So. 2d 683; 1990 Ala. Crim. App. LEXIS 860; 1990 WL 113249Docket: 8 Div. 513, 8 Div. 515
Court: Court of Criminal Appeals of Alabama; May 25, 1990; Alabama; State Appellate Court
John Houston Clemmons, Jr. and Gerald Henson were convicted in the municipal court of Muscle Shoals for DUI, receiving fines and orders to attend DUI school. They appealed for a trial de novo in circuit court where, following plea agreements, they pleaded guilty to DUI and received the same sentences. Both defendants contended that their guilty pleas were invalid due to the lack of a colloquy as mandated by Boykin v. Alabama. The court disagreed, ruling that a Boykin colloquy is not necessary for petty offenses where no imprisonment is imposed. This determination was supported by the facts and language of Boykin, the ruling in Scott v. Illinois, and procedural guidance from relevant rules. The court clarified that Boykin's requirement for a colloquy applies primarily to serious offenses involving significant loss of liberty, as seen in the Supreme Court's emphasis on ensuring that defendants fully understand the implications of their pleas in such contexts. Consequently, since the charges against Clemmons and Henson did not involve imprisonment, the full range of rights associated with felony pleas, including the right to trial by jury, did not apply. A category of petty offenses is exempt from the Sixth Amendment's jury trial provision, as established by *Blanton v. City of North Las Vegas*, which determined that no right to a jury trial exists for first-time DUI offenses under Nevada law. The Court in *Scott v. Illinois* clarified that actual imprisonment is a distinct penalty that warrants the appointment of counsel, implying that an accused not facing actual imprisonment for a petty offense lacks both the constitutional right to counsel and the right to be informed of Boykin rights. Rule 11 of the Federal Rules of Criminal Procedure, which outlines requirements for guilty pleas, does not apply to petty offenses with no imprisonment. The "imprisonment will be imposed" standard complicates compliance since it relies on a future event—sentencing. However, in most cases, the possibility of imprisonment can be assessed based on the offense's nature. Following this rationale, Alabama's proposed Rules of Criminal Procedure specify that a Boykin-type colloquy is unnecessary for minor misdemeanors, defined as offenses unlikely to result in imprisonment. While a colloquy isn't mandated, it remains unclear what information should be relayed to the defendant. The proposed rules do not outline a procedure for accepting guilty pleas to minor misdemeanors. The Alabama Supreme Court is encouraged to address this procedural gap. The judgments of conviction are affirmed, with all judges concurring.