484 P.2d 798 (Colo. 1971), 23713, Lamb v. People

Docket Nº23713.
Citation484 P.2d 798, 174 Colo. 441
Opinion JudgeHODGES, Justice.
Party NameJames Dale LAMB, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.
AttorneyEdward H. Sherman, Truman E. Coles, Public Defenders, David A. Fogel, Deputy Public Defender, Denver, for plaintiff in error., Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Michael T. Haley, Asst. Atty. Gen., Denver, for defendant in error. [174 Colo. 442] Edward H. Sherman, Trum...
Judge PanelDAY, KELLEY and GROVES, JJ., concur.
Case DateMay 10, 1971
CourtSupreme Court of Colorado

Page 798

484 P.2d 798 (Colo. 1971)

174 Colo. 441

James Dale LAMB, Plaintiff in Error,

v.

The PEOPLE of the State of Colorado, Defendant in Error.

No. 23713.

Supreme Court of Colorado

May 10, 1971

[174 Colo. 442] Edward H. Sherman, Truman E. Coles, Public Defenders, David A. Fogel, Deputy Public Defender, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Michael T. Haley, Asst. Atty. Gen., Denver, for defendant in error.

HODGES, Justice.

By writ of error, defendant Lamb alleges the trial court erroneously denied his motion under Crim.P. 35(b) for post conviction relief. We do not agree and therefore affirm the judgment of the trial court.

Defendant's 35(b) motion essentially claims a constitutional violation by the trial court when it permitted him to withdraw his previously entered pleas of not guilty and not guilty by reason of insanity

Page 799

and to plead guilty to the charge of assault with a deadly weapon without the benefit of counsel under the circumstances [174 Colo. 443] of this case. As we understand it, the theme of the defendant's argument in support of reversal is that his plea of guilty should not be deemed a voluntary act because he was not represented by counsel and because he was 19 years of age at the time, had only a seventh grade education, and had been in a mental institution. The defendant also buttresses this argument with the allegation in his 35(b) motion that he pled guilty 'because of fear and duress when in fact he had a legitimate and meritorious defense of self defense.'

Our review of this record reveals that the trial court complied with Crim.P. 11 prior to accepting the defendant's plea of guilty. McCarthy v. United States, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418. Although the defendant does not contend that the trial court did not adhere to the requirements of Crim.P. 11, he argues that blind adherence to the mandates of Crim.P. 11 is not enough under the circumstances here. The defendant claims that under the circumstances here, the trial court must go beyond the requirements of Crim.P. 11 by additional and careful inquiry of the defendant for the purpose of making absolutely certain that his plea of guilty is, in fact, his voluntary act.

The following facts are required for a full picture of what transpired prior to the defendant's plea of guilty on February 2, 1965. Having been charged with assault with a deadly weapon, the defendant on January 19, 1965 was arraigned before the trial court. At that time, without being represented by counsel, the defendant entered a plea of not guilty and also not guilty by 'reason of insanity at the time, since, and now.' Thereupon, the trial court ordered the defendant to be examined by a psychiatrist who was appointed by the court for this purpose.

Although the psychiatrist's report has not been made a part of the record, the trial court in its findings of fact at the conclusion of the 35(b) hearing, set forth that the psychiatrist had examined the defendant on [174 Colo. 444] three occasions at the jail and that during the third visit, the defendant told the psychiatrist that he wanted to change his plea to guilty as soon as possible; that he was 'trying to get away with the insanity but thought I'd better straighten my life out now.' The report, according to the trial judge's finding, also indicated that the defendant told the psychiatrist that he didn't want to waste any more of the psychiatrist's time and that he would rather have the time 'count on my sentence.'

It also appears from Exhibit A, a transcription of the arraignment procedures of February 2, 1965, that the...

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26 practice notes
  • 740 P.2d 971 (Colo. 1987), 86SA282, People v. Guenther
    • United States
    • Colorado Supreme Court of Colorado
    • 13 Julio 1987
    ...see People v. McClellan, 183 Colo. 176, 515 P.2d 1127 (1973); Bresnahan v. People, 175 Colo. 286, 487 P.2d 551 (1971); Lamb v. People, 174 Colo. 441, 484 P.2d 798 (1971), and have likewise placed a similar burden on defendants in regard to certain issues raised at suppression hearings, Peop......
  • 776 P.2d 1107 (Colo. 1989), 88SC85, City of Colorado Springs v. Forance
    • United States
    • Colorado Supreme Court of Colorado
    • 24 Julio 1989
    ...defendant to present a prima facie case that her plea was not knowingly and understandingly made. Lesh, 668 P.2d at 1368; Lamb v. People, 174 Colo. 441, 446, 484 P.2d 798, 800 (1971); see Mulkey, 753 P.2d at 1232-33. The weight and credibility to be given a witness' testimony at the hearing......
  • 863 P.2d 301 (Colo. 1993), 92SC426, Murphy v. People
    • United States
    • Colorado Supreme Court of Colorado
    • 15 Noviembre 1993
    ...242-43, 606 P.2d 1296, 1300 (1980); Kailey v. Colorado State Dep't of Corrections, 807 P.2d 563, 567 (Colo.1991) (quoting Lamb v. People, 174 Colo. 441, 446, 484 P.2d 798, 800 (1971)) ("In a Crim.P. 35 proceeding, the [trial] court is the trier of fact.... [and] where the evidence pres......
  • 523 P.2d 463 (Colo. 1974), 25375, People v. Simms
    • United States
    • Colorado Supreme Court of Colorado
    • 17 Junio 1974
    ...was not voluntary. We hold that there is substantial evidence to support the findings that the waiver was voluntary. Lamb v. People, 174 Colo. 441, 484 P.2d 798 The defendant next alleges that the trial court erred in Case No. 1 in 'failing to hear evidence on the issue of the validity of t......
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25 cases
  • 740 P.2d 971 (Colo. 1987), 86SA282, People v. Guenther
    • United States
    • Colorado Supreme Court of Colorado
    • 13 Julio 1987
    ...see People v. McClellan, 183 Colo. 176, 515 P.2d 1127 (1973); Bresnahan v. People, 175 Colo. 286, 487 P.2d 551 (1971); Lamb v. People, 174 Colo. 441, 484 P.2d 798 (1971), and have likewise placed a similar burden on defendants in regard to certain issues raised at suppression hearings, Peop......
  • 776 P.2d 1107 (Colo. 1989), 88SC85, City of Colorado Springs v. Forance
    • United States
    • Colorado Supreme Court of Colorado
    • 24 Julio 1989
    ...defendant to present a prima facie case that her plea was not knowingly and understandingly made. Lesh, 668 P.2d at 1368; Lamb v. People, 174 Colo. 441, 446, 484 P.2d 798, 800 (1971); see Mulkey, 753 P.2d at 1232-33. The weight and credibility to be given a witness' testimony at the hearing......
  • 863 P.2d 301 (Colo. 1993), 92SC426, Murphy v. People
    • United States
    • Colorado Supreme Court of Colorado
    • 15 Noviembre 1993
    ...242-43, 606 P.2d 1296, 1300 (1980); Kailey v. Colorado State Dep't of Corrections, 807 P.2d 563, 567 (Colo.1991) (quoting Lamb v. People, 174 Colo. 441, 446, 484 P.2d 798, 800 (1971)) ("In a Crim.P. 35 proceeding, the [trial] court is the trier of fact.... [and] where the evidence pres......
  • 523 P.2d 463 (Colo. 1974), 25375, People v. Simms
    • United States
    • Colorado Supreme Court of Colorado
    • 17 Junio 1974
    ...was not voluntary. We hold that there is substantial evidence to support the findings that the waiver was voluntary. Lamb v. People, 174 Colo. 441, 484 P.2d 798 The defendant next alleges that the trial court erred in Case No. 1 in 'failing to hear evidence on the issue of the validity of t......
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