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Bazemore v. State

The record did not support the habeas court's finding that the defendant was advised of his constitutional rights when he entered his pleas or that he knowingly and intelligently waived those rights.

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We granted Levon Bazemore an appeal from the denial of his petition for writ of habeas corpus to consider whether his 1990 guilty pleas were constitutionally valid under Boykin v. Alabama, 395 U. S. 238 89 SC 1709, 23 LE2d 274 1969. We conclude that they were not, and reverse.

On June 13, 1990, Bazemore entered guilty pleas in unrelated cases for theft by receiving and theft by taking. He was represented by counsel and received concurrent sentences of four years with one year to be served in confinement and the balance to be served on unsupervised probation. In addition, Bazemore consented to revocation of his probation for possession of a controlled substance for a concurrent twelve months with credit for time served. The convictions resulted in enhancement of a federal sentence Bazemore is serving.

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