State v. Herndon, 2305
| Decision Date | 05 March 1973 |
| Docket Number | No. 2305,2305 |
| Citation | 109 Ariz. 147,506 P.2d 1041 |
| Parties | STATE of Arizona, Appellee, v. Stephen Louis HERNDON, Appellant. |
| Court | Arizona Supreme Court |
Gary K. Nelson, Atty. Gen., by Peter M. Van Orman, Asst. Atty. Gen., Phoenix, for appellee.
Ross P. Lee, Maricopa County Public Defender, by Anne Kappes, Deputy Public Defender, Phoenix, for appellant.
Defendant, Stephen Louis Herndon, was charged with two counts of kidnapping, two counts of assault with a deadly weapon and one count of theft of a motor vehicle. The latter three counts, plus an allegation of prior conviction of second degree burglary, were dismissed upon entry of a plea of guilty to the two kidnapping charges. Defendant was sentenced to from nine to ten years on each count to run concurrently.
One question is presented on appeal: Was there a valid acceptance of defendant's guilty plea under Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), when the court did not advise defendant of the elements of the charge against him and did not ascertain that the defendant understood the nature of the charges against him.
At the plea hearing on February 1, 1971, the court examined defendant and ascertained that he was nineteen years old, had a tenth grade education, and worked as an electrician. Herndon was advised that the range of punishment for kidnapping was one to ten years and that the sentences could run to a maximum of twenty years. The court advised defendant of his right to a jury trial, of his privilege against self-incrimination and of his right to cross-examination. In determining whether defendant understood the charge against him, the following exchange took place:
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State v. Ovante
...held that it is sufficient that the court, not the defendant, satisfy itself of the factual basis for the plea.” State v. Herndon, 109 Ariz. 147, 148, 506 P.2d 1041, 1042 (1973). The trial court was not required to explain the distinction between first and second degree murder and was free ......
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State v. Varela
...the trial court may accept a guilty plea, it must satisfy itself that there is a factual basis for the plea. State v. Herndon, 109 Ariz. 147, 148, 506 P.2d 1041, 1042 (1973). Such a factual basis must be present for each element of the crime charged. State v. Carr, 112 Ariz. 453, 455, 543 P......
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State v. Reynolds
...defendant of all of the elements of the charge against him, State v. Anderson, 109 Ariz. 158, 506 P.2d 1052 (1973); State v. Herndon, 109 Ariz. 147, 506 P.2d 1041 (1973), where the defendant indicates that he did not have the requisite intent, it is particularly incumbent upon the trial cou......
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State v. Alderete
...held that it is sufficient that the court, not the defendant, satisfy itself of the factual basis for the plea." State v. Herndon, 109 Ariz. 147, 148 (1973). Thus, a defendant's "understanding of the legal terminology is not determinative." State v. Ovante, 231 Ariz. 180, ¶ 17 (2013).¶4 To ......