State v. Howard, 2147
| Decision Date | 16 November 1970 |
| Docket Number | No. 2147,2147 |
| Citation | 476 P.2d 858,106 Ariz. 403 |
| Parties | STATE of Arizona, Appellee, v. Joel Leighton HOWARD, Appellant. |
| Court | Arizona Supreme Court |
Gary K. Nelson, Atty. Gen. by Carl Waag, Asst. Atty. Gen., Phoenix, for appellee.
Atmore Baggot, Phoenix, for appellant.
Appellant, Joel Leighton Howard, has appealed from a judgment and sentence entered on a charge of attempted robbery.
Appellant was originally informed against for robbery, theft of motor vehicle, assault with a deadly weapon and burglary, second degree. The arraignment was conducted on July 29, 1969, at which time the public defender was appointed as appellant's counsel. A plea of not guilty was entered and all further proceedings were assigned to Judge Donald F. Froeb. Trial was set for October 1, 1969.
On September 30, 1969, an amended information was filed charging appellant with aggravated assault and burglary, second degree, with a prior conviction. Appellant moved to change his plea to guilty. Judge Froeb permitted the change of plea after he thoroughly questioned appellant and determined that his new plea was made voluntarily, that no promises of leniency had been made, that appellant had consulted with his attorney as to the consequences of pleading guilty, that appellant was fully aware of his rights and that those rights would be waived by a plea of guilty.
On October 23, 1969, the date set for imposition of sentence, appellant requested leave to withdraw his plea of guilty and to reinstate his plea of not guilty. He indicated a desire to hire a private attorney claiming that he was not being properly represented by the public defender. Although the court expressed the opinion that appellant had been well represented by counsel, it permitted appellant to withdraw his plea and enter a plea of not guilty. Further, at appellant's request, the trial was moved ahead to December 10, 1969, for the purpose of giving appellant ample time to hire his own attorney. However, appellant never did hire an attorney and he was represented by the public defender throughout all of the proceedings below.
Next, appellant moved to have his cause transferred to another judge on the ground that he could not get a fair trial before Judge Froeb because of the latter's alleged bias, interest or prejudice. This motion was granted and the case was assigned to Judge Harold D. Martin. However, the trial had to be reset for January 26, 1970.
On January 23, 1970, the Deputy Public Defender assigned to appellant's case was permitted to withdraw for good cause and another attorney from the Public Defender's office was immediately appointed to represent appellant. On the day of the trial, another amended information was filed, this time charging appellant with attempted robbery. Again, appellant indicated a desire to plead guilty. The court once more assured itself that appellant's plea was made voluntarily and intelligently and that appellant possessed a full understanding of all of his rights. Thereupon, appellant was given leave to withdraw his plea of not guilty and to enter a plea of guilty to the amended charge....
To continue reading
Request your trial
-
State v. Maxwell, 1
...sentence. Under these circumstances we could probably hold that defendant's plea of guilty waived this claim of error. State v. Howard, 106 Ariz. 403, 476 P.2d 858 (1970). On the other hand, even if we consider that defendant is arguing that the alleged ineffectiveness of counsel coerced hi......
-
State v. Durham, 2140
...an appellant seeking reversal who after sentence is obviously dissatisfied with the result of his plea bargain, State v. Howard, 106 Ariz. 403, 405, 476 P.2d 858, 860 (1970). In accordance with the foregoing, we affirm the judgment of the trial Judgment affirmed. HAYS, C.J., CAMERON, V.C.J.......
- State v. Mohr, 2040
-
Howard v. State
...was convicted of attempted robbery, receiving a sentence of not less than twelve nor more than fifteen years. See, State v. Howard, 106 Ariz. 403, 476 P.2d 858 (1970). Because appellant was imprisoned in the Arizona State Prison by reason of this sentence, the Texas Department of Correction......