State v. Greene, 57233
| Decision Date | 19 March 1975 |
| Docket Number | No. 57233,57233 |
| Citation | 226 N.W.2d 829 |
| Parties | STATE of Iowa, Appellee, v. Diane GREENE, Appellant. |
| Court | Iowa Supreme Court |
L. Vern Robinson, Iowa City, for appellant.
Richard C. Turner, Atty. Gen., Nancy J. Shimanek, Asst. Atty. Gen., Carl Goetz, County Atty., for appellee.
Heard before MOORE, C.J., and MASON, REES, UHLENHOPP and REYNOLDSON, JJ.
Diane Greene was charged by county attorney's information with delivery of a schedule I controlled substance in violation of section 204.401(1), The Code, 1973. Following arraignment, confirmation of court appointed counsel and a plea of not guilty defendant filed various motions including a motion to suppress and at least two motions for continuance. Later she withdrew her previous plea of not guilty and tendered a plea of guilty to the crime of delivery of a controlled substance, the delivery being stipulated to be an accommodation sale, which the court accepted.
The guilty plea resulted from a plea bargaining agreement entered into by defendant's court appointed attorney and the Johnson county attorney. The agreement stipulated the offense charged was factually one of accommodation and that there would be no fine imposed but the length of sentence would be left up to the court. The county attorney recommended the court impose a six month sentence.
After examination of defendant, the court sentenced defendant to six months imprisonment in the Johnson county jail, but, pursuant to section 245.4, The Code, provided such commitment be at the Iowa State Reformatory for Women at Rockwell City.
It appears from the minutes of testimony that on August 23, 1973. Officer Earnest Baty, Jr., of the Narcotics Division of the Iowa City Police Department was admitted into a residence at 326 North Dubuque Street in Iowa City by defendant. Baty asked defendant whether he could purchase one 'lid' of marijuana. Defendant agreed to make the sale and stated the price was twenty dollars.
Defendant then left the room, returning thereafter with a plastic bag containing the purported marijuana, which she gave to Officer Baty in return for a twenty dollar bill. Baty also inquired concerning the purchase of a pound of marijuana to which defendant replied that the officer should check with her the next day.
Possession of the bag of marijuana passed through several police officers until it reached Wayne B. Eaton, a chemist at the Iowa Criminalistics Laboratory, who determined the substance was in fact marijuana.
During the hearing defendant took the stand and gave the court a short life history. Perhaps important to the court's decision were the facts defendant, separated from her husband, had custody of her four-year-old son, was then gainfully employed full time at the Emma Goldman Clinic for Women in Iowa City, and had been convicted (out of state) only once for the misdemeanor of shoplifting--she had never been charged with any drug related offenses.
I. One of the issues raised by defendant's appeal relates to the trial court's acceptance of defendant's tendered plea of guilty.
Defendant contends the record is insufficient to support the trial court's determination that a factual basis existed for defendant's guilty plea.
The reporter's transcript of the proceedings had at the guilty plea and sentencing stage has been certified to this court. It consists of 19 typewritten pages.
The trial court after determining that defendant's guilty plea was a voluntary and intelligent act done with actual knowledge of the existence and meaning of her constitutional rights involved and with full understanding of the charge made against her and the direct consequences of the plea then proceeded to determine whether there was a factual basis for accepting defendant's tendered plea. State v. Clayton, 217 N.W.2d 685, 686 (Iowa 1974).
Since defendant's challenge does not involve the first three responsibilities of the trial judge when a guilty plea is tendered consideration will therefore be limited to the sufficiency of the record to support a factual basis for defendant's guilty plea.
When a guilty plea is tendered the trial judge must make an inquiry on the record, by appropriate method, to satisfy himself there is a factual basis for the plea. Ryan v. Iowa State Penitentiary, Ft. Madison, 218 N.W.2d 616, 618--620 (Iowa 1974); Brainard v. State, 222 N.W.2d 711 (Iowa 1974); and State v. Williams, 224 N.W.2d 17, 18 (Iowa 1974).
Williams, 224 N.W.2d at 18--19, has this statement:
.
The transcript discloses that after the trial judge addressed defendant personally regarding the offense charged and her tendered plea of guilty and explained to her in detail the Code section under which she was charged he then inquired of defendant about the plea bargaining.
The trial judge next turned to the information under which defendant was charged. Minutes of testimony were attached to the county attorney's information filed in this matter. These minutes indicated Officer Baty would testify defendant admitted him to a residence in Iowa City on August 23, 1973. Following defendant's affirmative reply to his inquiry whether he could purchase a 'lid' they had a conversation about the price in which defendant told Baty the price was '20.' According to the minutes Baty was prepared to describe how defendant left the room where the two had the conversation and returned with a plastic bag containing material later found to be marijuana which she delivered to him in exchange for a twenty dollar bill. This witness would testify he made inquiry of defendant about the possibility of purchasing a pound of marijuana and she told him to 'check with her the following day.'
The trial judge asked defendant whether the minutes of Baty's testimony attached to the information correctly reflected what happened at her residence on August 23, 1973. She replied they did and that the facts were essentially true.
The factual basis for the plea was thus adequately identified and disclosed in the record. See State v. Williams, 224 N.W.2d at 18--19.
Defendant's contention the record is insufficient to support the trial court's...
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