United States v. Godfrey Carroll

Godfrey Carroll entered a plea of guilty to a one-count information charging him with the possession of phencyclidine (PCP) with the intent to distribute on November 6, 1989. On March 26, 1989 he was sentenced to 146 months in custody. He now challenges four of the prior state convictions which were used in computing his criminal history and were thereby a basis for the sentence imposed. He contends that the convictions were constitutionally invalid because they resulted from guilty pleas which were not knowing and voluntary. We reverse and remand.

THE RECORD AS TO THE PRIOR CONVICTIONS

On April 25, 1982 Carroll pleaded guilty to possession of a controlled substance in the Municipal Court of Compton. The minutes of the court state that he was represented by counsel; that he was advised of the elements of the charges and the possible penalties; that he stated that he understood his rights as stated by the court; that he expressly and explicitly waived his right to jury trial, to confrontation, and cross-examination of the witnesses and his right to remain silent; and the court determined that these waivers were knowingly, intelligently and voluntarily made.

On June 24, 1982…