
    STATE of Louisiana, ex rel. Isaac PIERRE v. Ross MAGGIO, Warden, Louisiana State Penitentiary.
    No. 58139.
    Supreme Court of Louisiana.
    July 1, 1976.
   In re Isaac Pierre applying for Writ of Habeas Corpus.

Writ granted. Evidentiary hearing ordered as to applicant’s knowing free and voluntary entry of guilty plea.

SANDERS, C. J., dissents from granting of writ.

SUMMERS, J.,

dissents from the ordering of this hearing when the minutes of court amply evidenced that the plea was free and voluntary and that applicant was then aware of the consequence of the guilty plea. McChesney v. Henderson, 482 F.2d 1101 (5th Cir. 1973) cert. denied 414 U.S. 1146, 94 S.Ct. 901, 39 L.Ed.2d 102 (1974).

TATE, J.,

I am concurring in the belief that no contemporaneous recording was made of the colloquy and Boykinization at the time of the plea of guilty was taken as indicated by State ex rel. Jackson v. Henderson. If our records are in error in this regard, application for rehearing should be made by the State.

MARCUS, J., dissents from the granting of this writ.  