Clay v. United States, 6921.
| Decision Date | 26 April 1962 |
| Docket Number | No. 6921.,6921. |
| Citation | 303 F.2d 301 |
| Parties | Clone S. CLAY, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Clone S. Clay on his brief pro se.
Jack R. Parr, Oklahoma City, Okl. (B. Andrew Potter, Oklahoma City, Okl., was with him on brief), for appellee.
Before MURRAH, Chief Judge, and PICKETT and HILL, Circuit Judges.
This is an appeal from an order denying appellant's petition for writ of coram nobis. The trial court treated the petition as a motion to vacate and set aside sentence pursuant to 28 U.S.C.A. § 2255.
The facts are that in June 1959, appellant, represented by court-appointed counsel, pleaded not guilty to an indictment containing three counts, alleging the illegal sale of narcotics. Later, after retaining private counsel, appellant waived indictment and entered a plea of not guilty to an information alleging a single illegal sale of narcotics. The three counts of the indictment and the single count of the information were consolidated for trial without objection. Shortly before the date set for trial, appellant changed his pleas from not guilty to guilty on each of the four counts in the consolidated cases. After pre-sentence investigation, appellant received four consecutive ten-year terms pursuant to his pleas of guilty.
After one unsuccessful motion to vacate and set aside his sentence, appellant filed a second motion, alleging in essence that he did not understand the charges against him; that he was suffering from mental shock on the day he changed his pleas from not guilty to guilty; that the charges in the indictment were not properly drawn; and that the consecutive sentences are illegal. The trial court found that the files and records conclusively showed that appellant was entitled to no relief and denied the motion.
At each arraignment, appellant received a copy of the charges and waived their formal reading. When appellant changed his pleas to guilty, the trial court specifically inquired whether appellant was doing so "* * * voluntarily without any promise or any reward or anything of that kind * * *." And, during an extended colloquy between appellant and the trial judge at the time of sentencing, appellant confirmed the commission of the crimes charged and explained that he had made the illegal sales in order to obtain money to pay some bills. These portions of the record clearly demonstrate appellant's full understanding of the charges against him and the voluntariness of his pleas.
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