State v. Ellenburg
| Decision Date | 07 March 1967 |
| Docket Number | No. 52210,52210 |
| Citation | 260 Iowa 1224,149 N.W.2d 122 |
| Parties | STATE of Iowa, Appellee, v. Alvin Gene ELLENBURG, Appellant. |
| Court | Iowa Supreme Court |
Alvin Gene Ellenburg, pro se.
Richard C. Turner, Atty. Gen., for appellee.
Defendant, Alvin Gene Ellenburg, was charged by indictment with the crime of breaking and entering a drug store at Fort Madison with intent to commit a public offense therein in violation of section 708.8, Code 1962. His brother Paul R. Ellenburg was also so charged.
Defendant entered a plea of not guilty but later pleaded guilty and was sentenced to an indeterminate term not exceeding ten years in the men's penitentiary at Fort Madison. He has appealed.
An attorney of defendant's own choosing represented him at all times in the trial court. He was not retained for this appeal. An experienced trial lawyer in Fort Madison was appointed by the trial court to represent defendant on appeal. After study of the record the attorney was unable to find any basis for appeal and so advised defendant and the court. Defendant evidently did not request the appointment of other counsel and proceeded pro se.
This appeal has been submitted to us upon complete transcripts of all proceedings in the trial court, including a clerk's transcript of the record, the proceedings when defendant personally and by his attorney entered the plea of guilty and was sentenced.
We have considered like appeals recently. In State v. Kulish, Iowa, 148 N.W.2d 428, opinion filed February 7, 1967, we say: See also State v. Hurd, Iowa, 147 N.W.2d 895; State v. Kohl, Iowa, 149 N.W.2d 198; State v. Lampson, Iowa, 149 N.W.2d 116, both opinions filed March 7, 1967.
The indictment is in proper form. The minutes attached thereto clearly indicate defendant and his brother did unlawfully break and enter the drug store as charged.
Defendant was given ample time and opportunity to consult his attorney before entering his guilty plea. The trial court carefully advised defendant before the plea was entered. His plea was freely and voluntarily made by defendant personally and through his attorney.
A presentence investigation was made at the instance of the trial court after the plea. Before...
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State v. Delano, 53079
...itself.' State v. Kulish, 260 Iowa 138, 148 N.W.2d 428, 432, and citations. This statement was cited with approval in State v. Ellenburg, 260 Iowa 1224, 149 N.W.2d 122, 123, citing further A voluntary and intelligent plea of guilty by an accused constitutes an admission of guilt and, when a......
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Brewer v. Bennett
...itself.' State v. Kulish, 260 Iowa 138, 148 N.W.2d 428, 432, and citations. This statement was cited with approval in State v. Ellenburg, 260 Iowa 1224, 149 N.W.2d 122, 123, citing further authorities. * * 'As the plea itself provides the basis for conviction, no evidence need be introduced......
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State v. Dorr, 54409
...Kulish, 1967, 260 Iowa 138, 143, 148 N.W.2d 428, 432; State v. Rife, 1967, 260 Iowa 598, 602, 149 N.W.2d 846, 848; State v. Ellenburg, 1967, 260 Iowa 1224, 149 N.W.2d 122, certiorari denied, 390 U.S. 997, 88 S.Ct. 1201, 20 L.Ed.2d 96; State v. Delano, 1968, 161 N.W.2d 66, 72--73; State v. J......
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State v. Culbert
...of course, the right to challenge the plea itself. State v. Kulish, 260 Iowa 138, 148 N.W.2d 428, 432, and citations; State v. Ellenburg, 260 Iowa 1224, 149 N.W.2d 122, 123; State v. Delano (Iowa), 161 N.W.2d 66, II. We perceive no merit in any of the assignments asserted by defendant. The ......