Hoskins v. State, 2--59075
Decision Date | 20 October 1976 |
Docket Number | No. 2--59075,2--59075 |
Citation | 246 N.W.2d 266 |
Parties | Carl B. HOSKINS, Petitioner, v. STATE of Iowa, Respondent. |
Court | Iowa Supreme Court |
James R. Bowers, Jr., Grinnell, for petitioner.
Richard C. Turner, Atty. Gen., Steven K. Sandblom, Asst. Atty. Gen. and Donald L. Schild, County Atty., for respondent.
Heard by MOORE, C.J., and RAWLINGS, REES, REYNOLDSON and McCORMICK, JJ.
Petitioner appeals from trial court's denial of his petition for postconviction relief. His petition challenged his guilty-plea conviction of false drawing and uttering a bank check in violation of § 713.3, The Code, 1973. Petitioner alleged, Inter alia, the sentencing court failed to develop a record which demonstrated his understanding of the charge as required by State v. Sisco, 169 N.W.2d 542 (Iowa 1969) and Brainard v. State, 222 N.W.2d 711 (Iowa 1974). Because we reverse and remand on this ground, it is unnecessary to consider the other issues raised.
This charge arose out of a.$70.64 check defendant wrote on the Kellogg Savings Bank. His account was insufficient to cover it.
The following portion of the plea hearing record bears on the question before us:
I. There are two aspects of the 'understanding' requirement: the judge must explain the charge to the defendant and he must inquire into the defendant's understanding ot it. Brainard, supra, 222 N.W.2d at 714; State v. Wall, 239 N.W.2d 548, 549 (Iowa 1976). A defendant's understanding cannot be determined in a vacuum. See Henderson v. Morgan, --- U.S. ---, 96 S.Ct. 2253, 49 L.Ed.2d 108 (1976). That issue must frequently turn, as here, on the adequacy of the court's explanation of the charge.
We hold an explanation that the crime charged was 'uttering' a 'false' check, standing alone, fails to satisfy the constitutional requirement. We have already noted the word 'utter' as it is used in § 713.3 'is an ancient word with precise legal implications (citation) and its use would probably not contribute to the ordinary layperson's understanding of the crime charged.' State v. Wall, supra, 239 N.W.2d at 550. The words 'false check' neither appear in § 713.3 nor would they, in our opinion, illuninate for a layperson the characteristics of the charge lodged against defendant.
This leaves the court's lay-oriented explanations that the crime consisted of defendant's writing a check when he 'didn't have the funds with which to cover it.' Of course, this conduct occurs every time a person writes a check resulting in an overdraft in his bank account. If such behavior were a criminal offense, our justice system soon would grind to an overload stop.
We have held it is not a plea hearing Sine qua non that a court specifically explain each element of the offense, if under all the circumstances it is apparent the defendant understood the nature of the charge. State v. Townsend, 238 N.W.2d 351, 355 (Iowa 1976); State v. Hansen, 221 N.W.2d 274, 276 (Iowa 1974). Thus it may become relevant to determine whether defendant read the indictment or information, whether the criminal statute was read to him or whether he otherwise indicated a familiarity and knowledge of the meaning of significant words such as 'intent'. See Hansen, supra, 221 N.W.2d at 276. None of these circumstances were present in this hearing.
Other relevant factors include the complexity of the charge and the experience and education of the defendant. Brainard, supra, 222 N.W.2d at 714. This defendant's education terminated at the ninth grade level. He had no prior felony convictions. A § 713.3 offense is quite complex, including the elements of intent to defraud and failure to have an understanding or arrangement at the bank to cover...
To continue reading
Request your trial-
State v. Reaves
...are squarely on point. They are State v. Wall, 239 N.W.2d 548 (Iowa 1976); State v. Buhr, 243 N.W.2d 546 (Iowa 1976), and Hoskins v. State, 246 N.W.2d 266 (Iowa 1976). Wall was an appeal from a guilty plea conviction on a charge of false uttering of a check under Code § 713.3. The trial jud......
-
State v. Fluhr
...(Iowa 1977) (intent element for crime of entering a dwelling in the nighttime with intent to commit a public offense); Hoskins v. State, 246 N.W.2d 266, 267-68 (Iowa 1976) (intent to defraud for crime of uttering of false bank check); State v. Buhr, 243 N.W.2d 546, 548-49 (Iowa 1976) (inten......
-
State v. Rand, 60417
...explain each element of a crime if under all the circumstances it is apparent the accused understood the charge. Hoskins v. State, 246 N.W.2d 266, 268 (Iowa 1976); State v. Townsend, 238 N.W.2d 351, 355 (Iowa 1976). Here defendant's factual statements and admissions necessarily implied he h......
-
State v. Ohnemus, 58999
...to the facts. See McCarthy v. United States, 394 U.S. 459, 466-467, 89 S.Ct. 1166, 1171, 22 L.Ed.2d 418 (1969); Hoskins v. State, 246 N.W.2d 266, 267 (Iowa 1976); State v. Buhr, 243 N.W.2d 546, 549-550 (Iowa 1976), and citations; State v. Greene, 226 N.W.2d 829, 831 (Iowa 1975); A. Bishop, ......