State v. King
Decision Date | 16 August 1977 |
Docket Number | No. 1,CA-CR,1 |
Parties | STATE of Arizona, Appellee, v. Clarence KING, Appellant. 2288. |
Court | Arizona Court of Appeals |
The appellant, Clarence King, seeks by this appeal to invalidate his conviction for forgery, A.R.S. § 13-421, which was based upon a plea of no contest.
Appellant was charged with attempting to pass a forged check to an employee of a retail food establishment. He initially entered a plea of not guilty, and appellee thereafter moved to add an allegation of prior felony conviction. The parties subsequently entered into a written plea agreement, by the terms of which appellant agreed to plead guilty to the forgery charge and appellee agreed to dismiss the allegation of prior conviction. The agreement further provided that appellant could withdraw his plea if he was sentenced to prison for more than five years.
At the change of plea hearing, appellant asserted that he got the check from a lady who employed him and that he did not know at the time he attempted to pass the check that it was forged. After discussion with the prosecutor and the appellant and his attorney, Kenneth Murray, the trial court elected to treat the plea as a no contest plea and the plea agreement was modified accordingly. The following dialogue ensued MR. MURRAY: Yes, the state of the evidence is such I think it is in the best interest of the defendant to enter upon a plea agreement.
The trial court found that the plea was voluntarily and intelligently offered and that it had a factual basis. Appellant was subsequently sentenced to prison for not less than four nor more than five years.
On appeal appellant argues that the trial court erred (1) in failing to adequately determine that there was a factual basis for the plea, and (2) in failing to properly inform appellant of the nature of the charge against him. The thrust of the argument is that appellant denied knowledge of the false character of the instrument; that the elements of such knowledge and intent to defraud were missing; and that the plea could not therefore have been intelligently made. Appellant relies upon State v. Reynolds, 25 Ariz.App. 409, 544 P.2d 233 (1976), and Henderson v. Morgan, 426 U.S. 637, 96 S.Ct. 2253, 49 L.Ed.2d 108 (1976).
We bear in mind that while both forging and uttering a false instrument are proscribed by A.R.S. § 13-421, forgery strictly speaking and uttering are actually distinct offenses. The difference is explained in State v. Reyes, 105 Ariz. 26, 27, 458 P.2d 960, 961 (1969);
Perkins on Criminal Law, Ch. 4, § 8D p. 306 notes that at common law forgery and uttering are two...
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