State v. Campbell
Decision Date | 24 September 1971 |
Docket Number | No. 2248,2248 |
Citation | 488 P.2d 968,107 Ariz. 348 |
Parties | The STATE of Arizona, Appellee, v. Raymond John CAMPBELL, Appellant. |
Court | Arizona Supreme Court |
Gary K. Nelson, Atty. Gen. by Paul J. Prato, Asst. Atty. Gen., Phoenix, for appellee.
Ross P. Lee, Maricopa County Public Defender by James H. Kemper, Deputy Public Defender, Phoenix, for appellant.
This is an appeal from a judgment of guilt after a plea of guilty to the crime of voluntary manslaughter, § 13--455, § 13--456 subsec. A, par. I, and § 13--457.
Defendant was sentenced to the Arizona State Prison for a term of not eless than eight nor more than ten years.
We are called upon to determine:
1. whether the plea of guilty was voluntarily, intelligently, and knowingly made, and
2. whether the trial court failed to determine the factual basis for the plea as required by Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969).
The facts necessary for a determination of the matter on appeal are as follows. An information was filed on 11 September 1970 charging defendant with murder, second degree, in violation of § 13--451, § 13--452, and § 13--453 A.R.S. On 17 September 1970, the defendant at arraignment pleaded not guilty. Defendant had been granted a preliminary hearing in the West Phoenix Justice Court of Maricopa County at which time he was represented by counsel.
Trial by jury was set for 22 October 1970. On 28 October 1970, the State amended the information to voluntary manslaughter, and the defendant pleaded guilty. After sentence, the defendant indicated his desire to appeal and counsel was appointed to represent him on appeal.
In the case of State v. Laurino, 106 Ariz. 586, 480 P.2d 342 (1971) we construed the case of Boykin v. Alabama, supra, to, in effect, extend the procedural requirements of Rule 11 of the Federal Rules of Criminal Procedure to the state courts. Federal Rule 11 reads as follows:
The defendant changed his plea from not guilty to guilty. The change of plea from not guilty to guilty was as a result of plea bargaining. Before accepting the plea of guilty the court questioned the defendant extensively, a portion of which is as follows:
After further extensive questioning concerning the plea the court concluded:
The matter was continued until a probation report was made, at which time the defendant was sentenced.
In considering whether a plea of guilty is properly made under the Boykin mandate, the record must show that it was voluntarily and intelligently made with an understanding of the nature of the charges and the consequences of the plea. State v. McCallister, 107 Ariz. 143, 483 P.2d 558 (1971). We do not require the court to go further. State v. Reynolds, 106 Ariz. 47, 470 P.2d 454 (1970); State v. Laurino, supra. The Arizona Court of Appeals in dealing with the mandate of Boykin v. Alabama, supra, has stated:
State v. Miller, 11 Ariz.App. 457, 458, 465 P.2d 594, 595 (1970).
A review of the record before this court affirmatively shows that the guilty plea of the defendant, made as a result of the plea bargaining, and while represented by counsel, was made with full knowledge of the facts and consequences thereof, and was properly accepted by the trial court as being voluntarily, intelligently, and knowingly made. Boykin v. Alabama, supra.
Defendant contends that the trial court did not make a proper determination of the factual basis for the plea of guilty. We cannot agree. The judge questioned the defendant as to the facts of the crime, specifically asking the defendant whether 'on or about July 28, 1970, in the County of Maricopa, State of...
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