State v. Hackett, 55334
| Decision Date | 18 October 1972 |
| Docket Number | No. 55334,55334 |
| Citation | 201 N.W.2d 487 |
| Parties | STATE of Iowa, Appellee, v. Larry Eugene HACKETT, Appellant. |
| Court | Iowa Supreme Court |
John F. Bierman, III, Grinnell, for appellant.
Richard C. Turner, Atty. Gen., Allen J. Lukehart, Asst. Atty. Gen., and Richard J. Vogel, County Atty., for appellee.
Submitted to MOORE, C.J., and MASON, RAWLINGS, LeGRAND and REES, JJ.
Defendant appeals following plea of guilty and sentence for receiving stolen property, worth over $20, in violation of Code section 712.1. His only assigned error is: 'Defendant's guilty plea was improperly accepted because, on the record made, the trial court did not sufficiently ascertain defendant understood the nature of the charge against him.'
In State v. Sisco, Iowa, 169 N.W.2d 542, we cite and discuss in depth the Federal and State cases together with the American Bar Association Standards of Criminal Justice regarding the duty and responsibility of a trial judge before accepting a plea of guilty. Guidelines are therein established. Repetition here is unnecessary.
In Sisco at page 549, 169 N.W.2d, we say:
Our more recent cases which recognize the rule and standard guidelines set out in Sisco include State v. Zacek, Iowa, 190 N.W.2d 415; State v. Weckman, Iowa, 180 N.W.2d 434; State v. Lindsey, Iowa, 171 N.W.2d 859.
The record clearly establishes the trial court personally made a penetrating and comprehensive interrogation of defendant regarding his tendered plea of guilty. The standard guidelines were carefully followed. Defendant argues however the trial court should have interrogated regarding each essential element of the crime charged. We do not agree.
When first arrested a preliminary information was filed against defendant charging him with receiving stolen property, worth more than $20, in violation of Code section 712.1. On preliminary hearing he was bound over to the district court.
On October 19, 1971 a county attorney's information was filed charging defendant with the crime of receiving stolen property in that 'Larry Eugene Hackett on or about the 26th day of September, 1971 in the County of Poweshiek and State of Iowa, did receive a box of tools belonging to William Carter worth over $20, and knowing that the same had been stolen against the peace and dignity of the State of Iowa and contrary to the statutes in such case made and provided and particularly in violation of Section 712.1 of The Code of Iowa.' Attached thereto was the minutes of testimony.
On October 21, 1971 the sheriff delivered a copy of the county attorney's information to defendant.
On October 26, 1971 defendant with his court appointed attorney appeared before the trial judge. The record made on that date includes:
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Brainard v. State
...211 N.W.2d 293 (Iowa 1973), State v. Sargent, 210 N.W.2d 656 (Iowa 1973), State v. York, 210 N.W.2d 608 (Iowa 1973), and State v. Hackett, 201 N.W.2d 487 (Iowa 1972). In Michels v. Brewer we said the extent of the trial judge's explanation and inquiry into the defendant's understanding nece......
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State v. Reaves
...State v. Lynch, 200 N.W.2d 896 (1972); State v. Christensen, 201 N.W.2d 457 (1972); State v. Slawson, 201 N.W.2d 460 (1972); State v. Hackett, 201 N.W.2d 487 (1972); State v. Kephart, 202 N.W.2d 62 (1972); State v. Clary, 203 N.W.2d 382 (1973); State v. Thomas, 205 N.W.2d 717 (1973); State ......
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State v. Hansen, 55846
...of the charge. Michels v. Brewer, 211 N.W.2d 293, 296 (Iowa 1973); State v. Sargent, 210 N.W.2d 656, 660 (Iowa 1973); State v. Hackett, 201 N.W.2d 487, 488 (Iowa 1972). We hold all of the circumstances disclosed in this record show defendant had the requisite understanding. II. Disclosure o......
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State v. Sargent, 55289.
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