Dabbs v. People, 24431
Decision Date | 06 July 1971 |
Docket Number | No. 24431,24431 |
Citation | 175 Colo. 273,486 P.2d 1053 |
Parties | William F. DABBS, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error. |
Court | Colorado Supreme Court |
Rollie R. Rogers, Colorado State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Thomas M. Van Cleave, Deputy State Public Defender, Denver, for plaintiff in error.
Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Paul D. Rubner, Tennyson W. Grebenar, Asst. Attys. Gen., Denver, for defendant in error.
The trial court's denial of relief prayed for in a Crim.P. 35(b) motion caused the defendant, William F. Dabbs, to seek relief by way of writ of error. For the sake of clarity, the plaintiff in error will be referred to in the same manner in which he was identified in the trial court.
William F. Dabbs was charged with first degree murder in a two-count information which alleged that he killed Ernest E. Love and Sarah A. Dabbs, his wfe. When he appeared with counsel at the arraignment, he entered pleas of not guilty and not guilty by reason of insanity at the time of the alleged commission of the offense. The sanity issue was tried to a jury which found the defendant to be sane. Thereafter, following extensive plea negotiations, the defendant entered a plea of guilty to the second count of the information and to the charge of murder in the second degree. Both counts of the information related to the same transactions, and the district attorney, following the entry of the plea of guilty to the second count, dismissed the first count. The trial judge, after obtaining a presentence report, sentenced the defendant to the Colorado State Penitentiary. The term of the sentence did not exceed the statutory limits.
The record reflects that the defendant was represented by counsel at each state of the proceeding and that he was fully advised of the consequences of his plea. Before the defendant's plea was accepted, the court determined that there was a factual basis for the plea, in accordance with the requirements of Crim.P. 11.
The record also discloses that the grounds for post-conviction relief were set forth in a motion that was filed by the defendant, Pro se, more than six years after the defendant entered a plea of guilty to murder in the second degree. The post-conviction motion was denied without an evidentiary hearing. The defendant, through his counsel, would have us refer the matter back to the trial court for an evidentiary hearing to determine whether the plea of guilty was voluntary and complied with all constitutional requirements. He contends that his plea resulted from his fear of the death penalty.
The record eliminates the necessity for further hearings on the propriety of the court's accepting the defendant's plea of guilty. An evidentiary hearing was not required in this case to make a determination of the issues created by the defendant's Crim.P. 35(b) motion. The American Bar Association Standards of Criminal Justice Relating to Post-Conviction Remedies provide:
'4.5 Summary disposition without plenary hearing; discovery
The defendant urges us to extend the holding in United States v. Jackson, 390 U.S. 570, 88 S.Ct. 1209, 20 L.Ed.2d 138 (1968), to the facts in this case. We find that the facts before us are controlled by North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160...
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...hearing . . .. Such summary disposition is proper in all cases where there is no factual issue . . ..'See Dabbs v. People, 175 Colo. 273, 275 486 P.2d 1053, 1054 (1971). Where there is no factual dispute, an ineffective assistance of counsel claim should also be decided without an evidentia......
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Chapter 1 - § 1.8 • PLEA NEGOTIATION
...C.R.S. § 16-7-301(1). A defense attorney must obtain permission and consent of his or her client before plea bargaining. Dabbs v. People, 486 P.2d 1053 (Colo. 1971). Pursuant to C.R.S. § 16-7-301 and Crim. P. 11(f), a prosecutor may agree to (1) make or not oppose favorable recommendations ......