State v. Graninger, 1288
Decision Date | 17 June 1964 |
Docket Number | No. 1288,1288 |
Citation | 96 Ariz. 172,393 P.2d 266 |
Parties | STATE of Arizona, Appellee, v. James E. GRANINGER, Appellant. |
Court | Arizona Supreme Court |
Robert W. Pickrell, Atty. Gen., by Philip M. Haggerty, Asst. Atty. Gen., and Charles N. Ronan, Maricopa County Atty., for appellee.
Lawrence C. Cantor, Phoenix, for appellant.
Defendant entered a plea of guilty to first degree burglary and was sentenced to serve from 7 to 10 years. He had previously entered a plea of not guilty but had changed that plea. Defendant contends that his conviction should be reversed because of irregularities at the preliminary hearing and also that the sentence imposed was excessive.
At the preliminary hearing the defendant was not present. The following colloquy took place between defense counsel and the Justice of the Peace.
'MR. MILLER: The defendant is ready, your Honor.
Defendant claims that the waiver of a preliminary hearing was coerced and therefore void. Defendant next points to Art. II, Sec. 30 of the Arizona Constitution, A.R.S. which states:
'No person shall be prosecuted criminally in any court of record for felony or misdemeanor, otherwise than by information or indictment; no person shall be prosecuted for felony by information without having had a preliminary examination before a magistrate or having waived such preliminary examination.'
Defendant did not, however, call to the attention of the trial judge of the superior court the fact that his waiver of preliminary hearing had been coerced. Rule 79, Rules of Criminal Procedure, 17 A.R.S. states:
(Emphasis added)
Defendant contends that the italicized portion of Criminal Rule 79 is repugnant to Art. II, Sec. 30, Arizona Constitution. In State v. Smith, 62 Ariz. 145, 155 P.2d 622, this court held that the above quoted constitutional provision for a preliminary hearing is waived by a guilty plea before the Justice of the Peace. This court said:
'* * * [The] testimony does not disclose that the defendant at his trial in the superior court raised any objection to the manner in which the preliminary hearing was held.' 62 Ariz. at 158, 155 P.2d at 627.
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State v. Miranda
...at State's expense. Under similar circumstances, we have held that the right to a preliminary hearing is waived. State v. Graninger, 96 Ariz. 172, 393 P.2d 266 (1964). WAS PREJUDICIAL, IRRELEVANT EVIDENCE The defense complains that it was error to deny a mistrial because the State failed to......
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State v. Bradley
...provision prohibiting prosecution for a felony by information without a preliminary examination or waiver thereof. State v. Graninger, 96 Ariz. 172, 393 P.2d 266 (1964). The motion to remand in the instant case was made after defendant's plea on the merits--approximately twenty months after......
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State v. Davis
...and accounting. Rule 17, Rules Crim.Proc., 17 A.R.S., provides that a defendant may waive a preliminary examination. State v. Graninger,96 Ariz. 172, 393 P.2d 266; State v. Smith, 62 Ariz. 145, 155 P.2d The instant case falls within 'plea bargaining' which we have approved where a proper de......
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State v. Essman
...in a hearing and, if the trial court rules adversely to the defendant, the defendant may appeal such ruling. State v. Graninger, 96 Ariz. 172, 393 P.2d 266 (1964); State v. Smith, 62 Ariz. 145, 155 P.2d 622.' (Emphasis In Martin we did not discuss the manner in which the contention that the......