State v. Fry, 1384

Decision Date20 November 1963
Docket NumberNo. 1384,1384
PartiesSTATE of Arizona, Appellee, v. Arthur Joseph FRY, Appellant.
CourtArizona Supreme Court

Skousen, McLaws & Skousen, Mesa, for appellant.

Robert W. Pickrell, Atty. Gen., Charles N. Ronan, County Atty., for appellee.

PER CURIAM.

Appellant was charged with robbery. He pleaded not guilty and the matter came to trial. The morning of the second day of trial the State filed an amended information in open court and without objection by the defendant. The amended information charged the defendant with burglary in the first degree to which he pleaded guilty and was sentenced to from 4 to 8 years in the state prison. Appellant was represented by counsel.

Appellant filed his notice of appeal in propria persona and counsel was appointed by the trial court pursuant to A.R.S. § 13-161, to handle his appeal. In his notice of appeal appellant contended that his plea of guilty was the result of mental coercion. Counsel stated to this court that it was his opinion there was no merit to the appeal. This court ordered the appeal be submitted on the record for examination for fundamental error.

We have examined the record and the transcript of testimony and find on error. The record does not show that appellant's plea of guilty was the result of any coercion or undue influence.

Affirmed.

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5 cases
  • State v. Griswold
    • United States
    • Arizona Supreme Court
    • 23 Julio 1969
    ...jury and been found guilty. State v. Alford, 98 Ariz. 249, 403 P.2d 806; State v. Anderson, 96 Ariz. 123, 392 P.2d 784; and State v. Fry, 95 Ariz. 68, 386 P.2d 794. Thus, once the plea is made the court has only to determine whether the plea is voluntary. Benton v. United States, 9th Cir., ......
  • Parham, Application of
    • United States
    • Arizona Court of Appeals
    • 4 Agosto 1967
    ...We believe ourselves justified in leaving this record as we find it. State v. Murray, 101 Ariz. 469, 421 P.2d 317 (1966); State v. Fry, 95 Ariz. 68, 386 P.2d 794 (1963); Commonwealth ex rel. Kerekes v. Maroney, 423 Pa. 337, 223 A.2d 699 (1966); Barber v. Gladden, 220 F.Supp. 308 (1963), aff......
  • State v. Jennings, 1861
    • United States
    • Arizona Supreme Court
    • 11 Diciembre 1968
    ...jury and been found guilty. State v. Alford, 98 Ariz. 249, 403 P.2d 806; State v. Anderson, 96 Ariz. 123, 392 P.2d 784; and State v. Fry, 95 Ariz. 68, 386 P.2d 794. Thus, once the plea is made the court has only to determine whether the plea is voluntary. Benton v. United States, 9th Cir., ......
  • Fry v. Eyman
    • United States
    • Arizona Court of Appeals
    • 5 Octubre 1965
    ...degree burglary, to which charge the defendant pleaded guilty. Appeal was duly taken to the Arizona Supreme Court (See State v. Fry, 95 Ariz. 68, 386 P.2d 794 (1963), and the Supreme Court of this State examined the entire record and affirmed the judgment of the Superior Court of Maricopa C......
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