State v. Culbert
| Decision Date | 17 June 1971 |
| Docket Number | No. 54354,54354 |
| Citation | 188 N.W.2d 325 |
| Parties | STATE of Iowa, Appellee, v. Harry John CULBERT, Appellant. |
| Court | Iowa Supreme Court |
Walter W. Rothschild, Waterloo, for appellant.
Richard C. Turner, Atty. Gen., Max A. Gors, Asst. Atty. Gen., and David Dutton, County Atty., Waterloo, for appellee.
Defendant was charged by county attorney's information with the crime of lascivious acts with a child. He entered a plea of guilty and was sentenced to the Men's Reformatory for a period of not to exceed three years, and now appeals. We affirm.
The information was filed on February 16, 1970. Prior to its filing and on February 13, 1970 defendant made two separate statements in which he admitted having committed certain lascivious acts with a child. A motion to suppress the statements was filed by the defendant, and after a full hearing the first of the two statements was suppressed and the motion insofar as it relates to the second statement was overruled. Both statements were taken the same date, one at 3:38 p.m., and one at 4:05 p.m. While the second statement is more detailed, substantially the same inculpatory admissions were made in both.
Defendant assigns and relies upon the following errors: (1) That defendant has the right to raise the voluntariness of his confession despite the fact that he has entered a guilty plea. (2) The court erred in overruling defendant's request for mental evaluation. (3) The court erred in failing to order defendant's second confession supressed in view of the suppression of the first.
The record discloses that at the time the plea of guilty was entered, at which time the defendant was represented by counsel, an extensive dialogue ensued between court and defendant. We have reviewed the record and conclude defendant entered his plea of guilty voluntarily and understandingly. He indicated he understood the nature of the charge made against him, that he had a right to a trial by jury and that upon his plea of guilty he was waiving his right to be tried to a jury, he understood the sentence which could be imposed against him, both minimum and maximum and indicated to the court his plea of guilty was not the result of any threat, promise, or force of any kind. It appears defendant was unable to read and write, except for his own name.
I. The error assigned relative to the trial court's overruling defendant's request for a mental evaluation is consequent to an oral request made by defendant's counsel for...
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Herman v. Brewer, 54893
...offense and the right to challenge the validity of the plea itself. State v. Dorr, 184 N.W.2d 673, 674 (Iowa 1971) and State v. Culbert, 188 N.W.2d 325, 326 (Iowa 1971) and authorities there We reject petitioner's second assignment of error as being without merit. III. Finally petitioner as......
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State v. Jaeger
...lapse between information and plea); State v. Burtlow, Iowa, 210 N.W.2d 438, 439 (Miranda issue waived by guilty plea); State v. Culbert, Iowa, 188 N.W.2d 325, 326 (defendant waived confession issue by pleading guilty); Toogood v. Brewer, Iowa, 187 N.W.2d 748, 750 (defendant waived factual ......
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State v. Carroll
...no offense and the right to challenge the plea itself'" (quoting State v. Dorr, 184 N.W.2d 673, 674 (Iowa 1971))); State v. Culbert, 188 N.W.2d 325, 326 (Iowa 1971) A defendant can, however, challenge the validity of his guilty plea by proving the advice he received from counsel in connecti......
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State v. Burtlow
...irregularities except that the information or indictment charges no offense and the right to challenge the plea itself. State v. Culbert, Iowa, 188 N.W.2d 325, 326; Toogood v. Brewer, Iowa, 187 N.W.2d 748, 750; State v. Dorr, Iowa, 184 N.W.2d 673, 674 and citations. See also Parrott v. Brew......