State v. Randall, 59633
Decision Date | 19 October 1977 |
Docket Number | No. 59633,59633 |
Citation | 258 N.W.2d 359 |
Parties | STATE of Iowa, Appellee, v. Steven Lane RANDALL, Appellant. |
Court | Iowa Supreme Court |
Gary W. Kazragis, of Rickert & Thompson Law Office, Reinbeck, for appellant.
Richard C. Turner, Atty. Gen., Ray Sullins, Asst. Atty. Gen., David Correll, County Atty., for appellee.
Submitted to MOORE, C. J., and MASON, LeGRAND, UHLENHOPP and REYNOLDSON, JJ.
Defendant, Steven Lane Randall, appeals from judgment imposing sentence following his conviction based on a plea of guilty to the crime of operating a motor vehicle contrary to section 321.561, The Code.
The facts herein are undisputed. We adopt, as did the State, the facts stated by defendant in his brief to this court. In his appeal defendant seeks in the alternative either vacation of the judgment or vacation of the sentence of the trial court and remand of the case for further proceedings.
Defendant's appeal presents the following issues for review:
1. Does the record herein establish the trial court determined there was a factual basis for defendant's plea of guilty?
2. Does the record herein establish the trial court did not consider alternatives to a two year sentence because it felt compelled to impose such sentence by section 321.561, The Code?
3. Is a defendant entitled to access to that part of the presentence investigation report containing the sentence recommended by the investigating officer?
I. Defendant contends the trial court erred by failing to establish a factual basis for defendant's plea of guilty as required by State v. Sisco, 169 N.W.2d 542, 548 (Iowa 1969). The State, on the other hand, contends the trial court determined there was a sufficient factual basis for the plea.
Because of its brevity the entire proceeding is set out as follows:
The only further comment in the record as to defendant's plea of guilty was made by the prosecutor at the sentencing hearing. She stated as follows:
The trial court must determine there is a factual basis for a defendant's plea of guilty. As stated in Sisco, 169 N.W.2d at 545:
Defendant states, We agree.
In Sisco, 169 N.W.2d at 548, we adopted the American Bar Association Minimum Standards for Criminal Justice. Section 1.6 of those standards was set out therein as follows:
In Ryan v. Iowa State Penitentiary, Ft. Madison, 218 N.W.2d 616, 619 (Iowa 1974), we approved a statement from United States v. Cody, 438 F.2d 287, 289 (8 Cir. 1971), cert. den., 409 U.S. 1010, 93 S.Ct. 454, 34 L.Ed.2d 303, which in pertinent part is as follows:
* * * ."
In State v. Marsan, 221 N.W.2d 278 (Iowa 1974), we recognized another source from which a factual basis could be determined. In Marsan, 221 N.W.2d at 280, we stated,
From the entire brief record before us we find the trial court did not determine a factual basis existed for defendant's plea of guilty. Not one of the three questions asked defendant was directed to a determination of a factual basis for his plea. The trial court made no reference to having read any minutes attached to the county attorney's information. The trial court made no inquiry of either the prosecuting attorney or the defense attorney as to a factual basis for the plea. The trial court could not have referred to the presentence report because none existed at this point.
While we recognize the guidelines established by Sisco do not require a ritualistic or rigid formula for the court's interrogation, we do require meaningful compliance with the Sisco requirements. Sisco, supra, at 548; State v. Bell, 210 N.W.2d 423, 426 (Iowa 1973); State v. Sargent, 210 N.W.2d 656, 659 (Iowa 1973). Here there was no compliance, meaningful or otherwise.
We made clear in State v. Marsan, 221 N.W.2d at 280, a defendant is incorrect when he " * * * assumes that trial court in this jurisdiction must in every plea hearing extract from the accused a confession which factually satisfies each element of the crime charged. * * * ." Here there was no extraction of any fact satisfying any element of the crime charged.
Brainard v. State, 222 N.W.2d 711, 723 (Iowa 1974). Here the procedure was not a "right" procedure.
Defendant and the State are in agreement that if there were no determination by the trial court a factual basis existed for defendant's guilty plea the proper remedy is vacation of judgment and remand for determination of whether a factual basis exists. We agree. Ryan v. Iowa State Penitentiary, Ft. Madison, 218 N.W.2d at 620; State v. Marsan, 221 N.W.2d at 280. Since there was no such determination here, we hereby vacate the judgment of the trial court and remand the case for the purpose of conducting a hearing by the trial court to determine whether a factual basis exists for defendant's guilty plea. If at the conclusion of such hearing the trial court determines that a factual basis for defendant's guilty plea exists defendant shall be resentenced. If, on the other hand, the trial court determines after...
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