State v. Elledge
Decision Date | 21 November 1969 |
Docket Number | No. 378,378 |
Citation | 81 N.M. 18,462 P.2d 152,1969 NMCA 114 |
Parties | STATE of New Mexico, Plaintiff-Appellee, v. James H. ELLEDGE, Defendant-Appellant. |
Court | Court of Appeals of New Mexico |
The trial court denied defendant's third motion for post-conviction relief, under § 21--1--1(93), N.M.S.A.1953, and he appeals. See State v. Elledge, 78 N.M. 157, 429 P.2d 355 (1967) and Supreme Court No. 8328 which was dismissed on defendant's motion.
For reasons hereinafter stated we affirm.
Defendant seeks reversal on four grounds.
Defendant's allegations are factually accurate. Prior to accepting the guilty plea the trial court asked only if it were true he desired to plead guilty. Because the trial court failed to question defendant concerning his understanding of the plea and its consequences, defendant contends his conviction should be reversed. He relies on Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969).
Several constitutional rights are waived by a guilty plea. Because a waiver of these rights would not be presumed from a silent record, Boykin v. Alabama, supra, held there was reversible error. The record did not disclose that defendant voluntarily pled guilty. In so holding the opinion states:
'It was error, plain on the face of the record, for the trial judge to accept petitioner's guilty plea without an affirmative showing that it was intelligent and voluntary. * * *'
Boykin also seems to indicate that the trial judge should inquire sufficiently to insure that a defendant '* * * has a full understanding of what the plea connotes and of its consequence(s).' If the judge makes such an inquiry, and leaves a '* * * record adequate for any review * * *' he '* * * forestalls the spin-off of collateral proceedings. * * *'
Boykin does not require a reversal of defendant's conviction. That case involved a claim that the guilty plea was involuntary. No such claim is made here. In that case the record was silent as to the voluntariness of the guilty plea. Defendant does not claim that the record in this case (of this appeal and the two prior appeals) fails to show his plea was voluntary. Boykin holds that a guilty plea will be set aside, on direct review, unless the...
To continue reading
Request your trial-
State ex rel. LeBlanc v. Henderson
...Md.App., 280 A.2d 910 (1971); Evans v. State, Ark., 471 S.W.2d 346 (1971); Grass v. State, Me., 263 A.2d 63 (1970); State v. Elledge, 81 N.M. 18, 462 P.2d 152 (1969); Hall v. State, 45 Ala.App. 252, 228 So.2d 863 We find no theory in Boykin that criminal convictions are built upon a piece o......
-
State v. Johnson
...in the Santobello Case previously mentioned. People v. Santobello, 35 A.D.2d 1084, 316 N.Y.S.2d 194 (N.Y.1970). In State v. Elledge, 81 N.M. 18, 462 P.2d 152 (App.1969), New Mexico considered Boykin in a fact situation where prior to accepting the guilty plea the trial judge asked only if i......
-
State v. Harris
...This involves knowledge of the consequences of the plea. Neller v. State, 79 N.M. 528, 445 P.2d 949 (1968); State v. Elledge, 81 N.M. 18, 462 P.2d 152 (Ct.App.1969). Knowledge of the consequences means "that in some manner the accused should be informed of the nature of the charges, acts su......
-
State v. Martinez
...State v. Vigil, 85 N.M. 328, 512 P.2d 88 (Ct.App.1973); State v. Cruz, 82 N.M. 522, 484 P.2d 364 (Ct.App. 1971); State v. Elledge, 81 N.M. 18, 462 P.2d 152 (Ct.App.1969). Defendant relies on State v. Guy, 81 N.M. 641, 471 P.2d 675 (Ct.App.1970). We do not read Guy to state any requirement c......