State v. Freda, 4367
Decision Date | 07 February 1979 |
Docket Number | No. 4367,4367 |
Citation | 121 Ariz. 430,590 P.2d 1376 |
Parties | STATE of Arizona, Appellee, v. Kenneth James FREDA, Appellant. |
Court | Arizona Supreme Court |
John A. LaSota, Jr., former Atty. Gen., Robert K. Corbin, Atty. Gen., by William J. Schafer, III, Diane M. Ramsey, Asst. Attys. Gen., Phoenix, for appellee.
Ross P. Lee, Maricopa County Public Defender by James L. Edgar, Deputy Public Defender, Phoenix, for appellant.
Appellant Kenneth James Freda was convicted and sentenced pursuant to a plea agreement for the crime of robbery while armed with a gun, a violation of A.R.S. §§ 13-641 and 13-643(B). He appeals. Judgment affirmed.
The sole issue raised on appeal is whether appellant's guilty plea must be set aside because it was not made with a full understanding of its consequences. The facts establish that on September 17, 1977, the appellant and a woman entered the Nu-Vue Adult Theatre on McDowell Road in Phoenix. The projectionist admitted them to the projection booth, where they drank beer and talked. Appellant left the booth, ostensibly to get a cup of coffee. The projectionist testified that when appellant returned, he pulled a shotgun from underneath a green fatigue jacket he carried over his arm, pointed it at the projectionist, and demanded money. Appellant and the woman fled from the theater, taking about one hundred dollars.
At a plea hearing, appellant admitted the foregoing facts, with the exception that he denied he used a shotgun.
The court called the projectionist to the stand and he reiterated his prior testimony that the appellant aimed a shotgun at him. He also stated that he was familiar with guns. After hearing this testimony, the court resumed its discourse with appellant.
I am asking you, you are pleading guilty because they have this evidence on you?
THE DEFENDANT: Yes."
Appellant does not claim that his plea was entered involuntarily, but, rather, argues that a guilty plea is not knowingly and intelligently entered when the accused protests his innocence regarding a major element of the offense, the evidence of guilt regarding that element is not overwhelming, and little or no benefit accrues to the defendant as a result of the plea.
The fact that appellant asserts that he used a pipe rather than a shotgun in committing the robbery does not render his guilty plea invalid. As the United States Supreme Court stated in North Carolina v. Alford, 400 U.S. 25, 36-37, 91 S.Ct. 160, 167, 27 L.Ed.2d 162, 171 (1970):
Appellant's second contention is that the evidence regarding the shotgun was not "overwhelming" and, therefore, his guilty plea should not have been accepted. We said in State v. DeCoe, 118 Ariz. 502, 503, 578 P.2d 181, 182 (1978), ...
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