State v. Jackson
Decision Date | 26 May 1971 |
Docket Number | No. 1,CA-CR,1 |
Citation | 485 P.2d 583,14 Ariz.App. 594 |
Parties | STATE of Arizona, Appellee, v. Gary Lee JACKSON, Appellant. 307. |
Court | Arizona Court of Appeals |
Gary K. Nelson, Atty. Gen., by Carl Waag, Asst. Atty. Gen., Phoenix, for appellee.
Ross P. Lee, Public Defender, by James H. Kemper, Deputy Public Defender, Phoenix, for appellant.
This is an appeal from a judgment of conviction after a plea of guilty to assault with a deadly weapon in violation of Section 13--249 A.R.S.
The criminal complaint filed on January 5, 1970, charged appellant and his wife with assault with a deadly weapon, forgery and also charged his wife alone with forgery. On January 20, 1970, a preliminary hearing was held wherein appellant, represented by counsel, was bound over to superior court on the charge of assault with a deadly weapon. Thereafter, on February 18, 1970, an Information was filed charging appellant with assaulting Clemico Gonzales on January 3, 1970, with a deadly weapon, to-wit: a gun. Appellant with counsel was arraigned on February 24, 1970, and furnished a copy of the Information. He verified that the Information stated his true name and waived a reading thereof and entered his plea of not guilty. On May 14, 1970, after several delays, appeallant, as a result of plea bargaining, entered a plea of guilty to an amended Information which deleted all references to a gun and otherwise left the original Information intact. On June 2, 1970, appellant was sentenced to 9--10 years in the Arizona State Prison, said sentence to run concurrently with the sentence imposed in Cause No. 54312.
The question presented on review is whether the record reveals that the trial court determined that the plea was made with an understanding of the nature of the charge as required by Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). Appellant concedes the trial court's compliance with the other requirements of Boykin, Supra.
After reviewing the record, we are convinced that appellant knew and that the trial determined that he knew, the nature of the charge against him. First, appellant was present at the preliminary hearing where the testimony indicated that he pointed a loaded gun at employees of a grocery store on January 3, 1970. Second, he was provided an Information which specifically charged him with assaulting Clemico Gonzales with a deadly weapon, to-wit: a gun, on January 3, 1970. The court, at the time of the entering of the guilty plea, questioned appellant extensively, a portion of which follows:
'THE COURT; Now, in that regard, in Cause No. 61164, Assault with a Deadly Weapon, it is alleged that on the 3rd day of January in this county that you assaulted Clemico Gonzales with a deadly weapon. Is that true?
From the foregoing it is abundantly clear that appellant knew the nature of the charge to which he was entering a plea of guilty.
Appellant argues that Boykin, Supra, and Rule 11, Fed.R.Crim.P., made applicable to Arizona by State v. Laurino, 106 Ariz. 586, 480 P.2d 342 (1971), requires the trial judge to tell the defendant the legal elements of the crime to which he is pleading. We disagree. In McCarthy v. United States, 394 U.S. 459, 467, 89 S.Ct. 1166, 1171, 22 L.Ed.2d 418 (1969), the Supreme Court discussed this aspect of Rule 11 as follows:
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...v. United States, 397 F.2d 16, 17 (6th Cir.1968); see State v. Ballard, supra, 66 Ohio St.2d 480, 423 N.E.2d 115; Arizona v. Jackson, 14 Ariz.App. 594, 595, 485 P.2d 583 (1971); Silverberg v. Warden, 7 Md.App. 657, 660, 256 A.2d 821 The narrowness of our opinion can be emphasized by disting......
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State v. Jackson
...the defendant may not have entered a plea of guilty, to an offense arising out of those facts. In another case of State v. Jackson, 14 Ariz.App. 594, 485 P.2d 583 (1971), we affirmed the conviction arising out of the defendant's plea of guilty to Superior Court cause number 61164, there bei......
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...A further recitation of the legal elements by the court would only have been repetitious. State v. Brown, supra; State v. Jackson, 14 Ariz.App. 594, 485 P.2d 583 (1971). We are in accord with appellant's second argument that claims of Boykin error can now be heard on direct appeal without p......
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