State v. Holmes, s. 12407
| Decision Date | 21 September 1978 |
| Docket Number | 12408,Nos. 12407,s. 12407 |
| Citation | 270 N.W.2d 51 |
| Parties | STATE of South Dakota, Plaintiff and Respondent, v. Richard HOLMES, Defendant and Appellant. |
| Court | South Dakota Supreme Court |
Leann Larson Finke, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on the brief.
Michael A. Lyons of Doyle, Mahoney & Lyons, Sioux Falls, for defendant and appellant.
Defendant appeals from his two convictions, for grand larceny and burglary, which were entered upon his plea of guilty. He admits participation in the burglary and theft but contends (1) that he was deprived of his right to be informed as to the nature of the charges before making his guilty plea; (2) that he was deprived of his right against self-incrimination because the trial court did not inquire whether his plea was prompted by an illegally obtained confession; and (3) that he was deprived of equal protection and the right to be free from
cruel and unusual punishment because his sentence was more severe than that imposed on others involved in the same crime. We hold that the trial court determined adequately that defendant's guilty plea was voluntary, intelligent, and knowing, and that since the sentence given was not so long that it "shock(ed) the conscience of men generally", it may not be attacked as too severe. We therefore affirm.
Defendant has admitted participation in the burglary and grand larceny committed at Larson Hardware in Sioux Falls on July 14, 1977.
Shortly after his arrest defendant may have confessed to a police detective that he participated in these crimes. On appeal defendant contends that his guilty plea was prompted by the existence of this confession, which the State has not shown to have been legally obtained. This contention was at no time presented to the trial court.
At his arraignment, the trial court informed defendant of his constitutional and statutory rights, and he waived them. The court also informed defendant of the nature of the charges against him. The indictment was read, and defendant was provided with a copy. The court enumerated the elements of the two offenses, and defendant responded that he understood what he was charged with. The date and address of the offenses were specifically enumerated. The court asked defendant what he was charged with. Defendant responded with the names of the crimes. Although he did not specifically say on the record that he understood the charges, he did say that he knew what he was charged with.
Defendant was sentenced to serve two concurrent four-year sentences in the South Dakota Penitentiary. Credit was given for four months served while awaiting disposition. The sentence was less severe than that which the State had agreed to recommend as a part of a plea bargain. Three others who participated in the crime were sentenced to a maximum of thirty days and probation, or given suspended impositions of sentence.
We conclude that the trial court adequately informed defendant of the nature of the charges before accepting his plea.
In order for a conviction based on a guilty plea to stand, the plea must be intelligent and voluntary. Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969); Nachtigall v. Erickson, 85 S.D. 122, 178 N.W.2d 198 (1970); State v. Doherty, S.D., 261 N.W.2d 677 (1978). Defendant must ordinarily be made to understand the nature of the plea by the trial court's "canvassing the matter with (him)." Boykin, supra. It is sufficient, however, when the record affirmatively shows that defendant understandingly and voluntarily entered his plea. Brady v. United States,397 U.S. 742, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970); Merrill v. State, 87 S.D. 285, 206 N.W.2d 828 (1973).
Defendant does not contend that the court inadequately informed him of his right against self-incrimination, his right to trial by jury or by the court, his right to representation by counsel, or the fact that a plea of guilty waives all these rights and is, in itself, a conviction of the offense. He does not contend that the court did not inform him of the maximum penalties for the offenses, nor that he was not informed We have carefully reviewed the transcript of defendant's arraignment and conclude that this contention is without merit. It affirmatively appears on the record that the court canvassed the matter of the nature of the charges with the accused. See Appendix to this opinion. We find that this canvassing fully complied with the American Bar Association Standards for Guilty Pleas § 1.4(a). As noted in the comment to that section, it will in some instances be sufficient to read the indictment to the accused, as was done in this case. The elements of the offense were not couched in technical legal language, and could easily be understood by a lay person. The trial judge, however, did more. He explained the charges and told defendant exactly when and where the crime was alleged to have taken place. He asked defendant to repeat the names of the crimes and the maximum penalty for each. We conclude that the explanation was adequate. See Appendix.
of what crimes he was charged with. Defendant's only contention is that the record does not affirmatively show that he understood the nature of the charges against him.
There is also considerable support, aside from the trial court's canvassing of the matter with the accused, for the conclusion that defendant understood the nature of the charges. The trial court received a letter from defendant. The letter indicated that defendant was of above average intelligence and that he would understand the explanation given by the trial court. Defendant was advised by counsel of his choice, who explained the charges. The record also shows that defendant had previously been in court on felony charges. He would thus have a better understanding of courtroom procedures than someone who had not previously been charged.
The only reasonable conclusion that can be drawn from all the facts appearing on the record is that defendant understood the nature of the charges against him. His guilty plea was voluntary, intelligent, and knowing. Judgment of conviction was properly entered on this plea.
We conclude that the trial court adequately inquired whether defendant's plea was based on an illegal confession.
A judgment entered on a plea of guilty is not rendered invalid if defendant made a confession under circumstances which might have rendered the confession inadmissible at trial, where the guilty plea itself was voluntarily and understandingly made. State ex rel. Condon v. Erickson, 85 S.D. 302, 182 N.W.2d 304 (1970); Runge v. State, 86 S.D. 9, 190 N.W.2d 381 (1971); State v. Thundershield, S.D., 242 N.W.2d 159 (1976). See also, North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970); McMann v. Richardson, 397 U.S. 759, 90 S.Ct. 1441, 25 L.Ed.2d 763 (1970). Thus our only inquiry under this issue is whether defendant's guilty plea was voluntary.
The record is sufficient to indicate that the plea was voluntarily and knowingly made. See Appendix. Defendant's contention on this issue is thus without merit.
We conclude that defendant was denied neither equal protection nor the right to be free from cruel and unusual punishment by the fact that his sentence was more severe than that given others for the same offense.
As we said in State v. Connor, 86 S.D. 578, 199 N.W.2d 695 (1972) the trial judge was in a position to consider many factors in imposing sentence. He could particularly have considered the fact that defendant had two prior felony convictions in making defendant's sentence more severe than that of others involved in the same crime.
The duration of this sentence does not constitute cruel and unusual punishment, since it does not shock "the conscience of men generally." State v. Bad Heart Bull, S.D., 257 N.W.2d 715 (1977), Citing State v. Becker, 3 S.D. 29, 51 N.W. 1018 (1892). The sentence is well within the prescribed statutory limits.
Finally, defendant may not be heard to complain of the length of his sentence, since it is a full year shorter than that which he agreed to accept as part of a plea bargain.
For the reasons stated we affirm the judgments of the trial court.
All the Justices concur.
APPENDIX
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State v. Goodwin, 22574.
...of the nature and consequences of the plea." Nachtigall v. Erickson, 85 S.D. 122, 128, 178 N.W.2d 198, 201 (1970); State v. Holmes, 270 N.W.2d 51, 53 (S.D.1978); Lodermeier v. State, 273 N.W.2d 163, 165 (S.D.1978). Specifically, in Boykin v. Alabama, the United States Supreme Court held tha......
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State v. Driver
...rights and understood those rights at the time of the plea. See also, Lodermeier v. State, 273 N.W.2d 163 (S.D.1978); State v. Holmes, 270 N.W.2d 51 (S.D.1978). The trial court supplemented the record regarding the previous guilty pleas with the testimony of Judge Keller, the magistrate who......
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Application of Garritsen, 14721
...pleading defendant understood the nature and consequences of his plea. Stacey v. State, 349 N.W.2d 439, 441 (S.D.1984); State v. Holmes, 270 N.W.2d 51, 53 (S.D.1978); Nachtigall. The record must indicate that the defendant was informed of his right to a jury trial in the county in which the......
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Wabasha v. State
...us; we remain convinced that the nontechnical language of the information clearly explained the nature of the charge. 2 State v. Holmes, 270 N.W.2d 51 (S.D.1978). The petitioner objects to the fact that he was sentenced the day after his guilty plea was accepted. It is true that SDCL 23-48-......