State v. Ammons, s. 51550-6
| Court | United States State Supreme Court of Washington |
| Writing for the Court | DOLLIVER |
| Citation | 718 P.2d 796,105 Wn.2d 175 |
| Parties | The STATE of Washington, Respondent, v. Roy Lee AMMONS, et al., Appellants. |
| Docket Number | Nos. 51550-6,51580-8 and 51587-5,s. 51550-6 |
| Decision Date | 13 May 1986 |
Page 175
v.
Roy Lee AMMONS, et al., Appellants.
May 13, 1986.
Page 191
DOLLIVER, Chief Justice.
It is hereby ordered that the opinion in the above cause, as the same appears at 105 Wash.2d 175, 713 P.2d 719, be changed as follows:
1. That portion of the first incomplete paragraph on page 189, 713 P.2d on page 727 beginning with the word "Garrett" in the third line from the top of page 189, 713 P.2d page 727 and ending with the word "relief" in the eighteenth line from the top of page 189, 713 P.2d page 727 is deleted, and the following sentences are inserted in its place:
Garrett argued that the guilty plea form failed to show that he was aware of his right to remain silent, failed to set forth the elements of the crime of burglary, failed to set forth the consequences of pleading guilty and failed to include a sufficient factual basis for the plea. A determination as to the validity of these issues cannot be made from the face of the guilty plea form. Garrett must pursue the usual channels for relief.
2. The two sentences beginning with the word "Similar" in the eighteenth line from the bottom of page 189, 713 P.2d page 727 and ending with the word "courts," in the fifteenth line from the bottom of page 189, 713 P.2d page 727 are deleted, and the following sentences are inserted in their place:
The plea on its face does not show the constitutional safeguards were not provided. Similar to Garrett, Barton's recourse is to the appellate courts.
[718 P.2d 797] 3. The sentence beginning with the word "Ammons" in the sixth line from the bottom of page 189, 713 P.2d page 727 is deleted, and the following sentence is inserted in its place: "The validity of that claim cannot be determined facially."
To continue reading
Request your trial
-
State v. Post, 57846-0
...prior criminal but unconvicted behavior to influence the sentencing decision. State v. Ammons, 105 Wash.2d 175, 184, 713 P.2d 719, 718 P.2d 796, cert. denied, 479 U.S. 930, 107 S.Ct. 398, 93 L.Ed.2d 351 (1986). It is no less important that constitutional guaranties be observed at the senten......
-
State v. Derri, 80396-4-I
...court for sentencing and the person named in the prior conviction are the same person." State v. Ammons, 105 Wn.2d 175, 190, 713 P.2d 719, 718 P.2d 796 (1986). "[T]he identity of names is sufficient proof, which may be rebutted by the defendant's declaration under oath that he is not the sa......
-
State v. Floyd, s. 42396–1–II, 43021–5–II.
...however, on a conviction “constitutionally invalid on its face” to increase the punishment. State v. Ammons, 105 Wash.2d 175, 187–88, 718 P.2d 796 (1986). ¶ 42 In both Ammons, 105 Wash.2d at 189, 718 P.2d 796, and Bembry, 46 Wash.App. at 291, 730 P.2d 115, the “face” of the conviction inclu......
-
State v. Ellison, 33215-2-III
...except on constitutionally valid convictions, is also a constitutional right. In State v. Ammons, 105 Wn.2d 175, 713 P.2d 719, 718 P.2d 796 (1986), defendants challenged the Sentencing Reform Act of 1981, chapter 9.94A RCW (SRA) on various constitutional grounds. They argued that, under the......
-
State v. Post, 57846-0
...prior criminal but unconvicted behavior to influence the sentencing decision. State v. Ammons, 105 Wash.2d 175, 184, 713 P.2d 719, 718 P.2d 796, cert. denied, 479 U.S. 930, 107 S.Ct. 398, 93 L.Ed.2d 351 (1986). It is no less important that constitutional guaranties be observed at the senten......
-
State v. Derri, 80396-4-I
...court for sentencing and the person named in the prior conviction are the same person." State v. Ammons, 105 Wn.2d 175, 190, 713 P.2d 719, 718 P.2d 796 (1986). "[T]he identity of names is sufficient proof, which may be rebutted by the defendant's declaration under oath that he is not the sa......
-
State v. Floyd, s. 42396–1–II, 43021–5–II.
...however, on a conviction “constitutionally invalid on its face” to increase the punishment. State v. Ammons, 105 Wash.2d 175, 187–88, 718 P.2d 796 (1986). ¶ 42 In both Ammons, 105 Wash.2d at 189, 718 P.2d 796, and Bembry, 46 Wash.App. at 291, 730 P.2d 115, the “face” of the conviction inclu......
-
State v. Ellison, 33215-2-III
...except on constitutionally valid convictions, is also a constitutional right. In State v. Ammons, 105 Wn.2d 175, 713 P.2d 719, 718 P.2d 796 (1986), defendants challenged the Sentencing Reform Act of 1981, chapter 9.94A RCW (SRA) on various constitutional grounds. They argued that, under the......