State v. Reppert

• Decision Date: 20 February 1974
• Docket Number: Nos. 54978--54980,s. 54978--54980
• Citation: 215 N.W.2d 302
• Parties: STATE of Iowa, Appellee, v. Arthur Daniel REPPERT, Appellant.
• Court: Iowa Supreme Court

Page 302

215 N.W.2d 302

STATE of Iowa, Appellee, v. Arthur Daniel REPPERT, Appellant.

Nos. 54978--54980.

Supreme Court of Iowa.

Feb. 20, 1974.

Dailey, Dailey, Ruther & Bauer, Burlington, for appellant.

Richard C. Turner, Atty. Gen., Darby Maria Coriden, Asst. Atty. Gen., Steven Hoth, County Atty., for appellee.

Submitted to MOORE, C.J., and MASON, REES, UHLENHOPP and HARRIS, JJ.

MASON, Justice.

This appeal by defendant, Arthur Daniel Reppert, stems from his conviction of three offenses involving possession of marijuana for personal use and possession and sale of hallucinogenic drugs contrary to chapters 204 and 204A, The Code, 1971.

Originally, defendant had been charged by county attorney's information in what was designated as cause 6650 in the Des Moines County District Court with the sale of narcotic drugs to a minor on January 27, 1971. He was also charged with the same offense alleged to have been committed January 29, 1971, in cause 6649. In cause 6648 defendant was charged with possession of marijuana for sale on January 27, 1971. Later, cause 6648 was amended to charge possession of marijuana for personal use and two additional charges were filed. They were cause 6660 in which he was charged with selling hallucinogenic drugs to a minor and cause 6661 charging possession of hallucinogenic drugs.

Later, causes 6649 and 6650 originally filed were dismissed.

March 10, 1971, defendant tendered pleas of guilty to causes 6648 as amended and 6660 and 6661. In each case defendant was represented by court-appointed counsel and a record made of the proceedings leading to defendant's pleas.

The cases were continued for sentencing until a presentence investigation requested by the court had been made available both to the court and counsel. Defendant appeared in court with his counsel April 8, the time fixed for sentencing on the three charges. A record was made of these proceedings. Defendant's counsel advised the court he had gone over the presentence report with defendant.

Cause 6660 in which defendant was charged with selling hallucinogenic drugs to a minor as defined in sections 204A.3 and 204A.11, The Code, was first considered. Defendant was then permitted to make a record in connection with his request for probation which is before us. Examination discloses a detailed statement by defendant's counsel regarding the presentence investigation and plaintiff's application for probation. There is also the testimony of defendant is response to examination by his own counsel, the prosecutor and the court as well as defendant's explanation of facts appearing in the report.

Defendant was convicted upon his plea of guilty and was sentenced to the state penitentiary not to exceed five years. Section 204A.11. Appeal bond was fixed and defendant was advised in detail of his right to appeal.

Cause 6661 charging possession of hallucinogenic drugs was next considered. The court inquired of defendant personally if there was anything he wished to say to the court before sentence was imposed on the cause then being considered. Defendant replied, 'Only that I don't use them (hallucinogenic drugs).' When asked if there was any reason why sentence should not be imposed defendant replied, 'Nope.' The court then sentenced defendant to the state penitentiary for not to exceed one year pursuant to sections 204A.3 and 204A.10. The sentence imposed in 6661 was ordered to run concurrently with that imposed in 6660. The court explained to defendant that this meant he would be serving both sentences at the same time rather than one after the other.

Cause 6648 charging possession of marijuana for personal use was the last considered. The court again asked defendant if he had anything to say in connection with the matter before sentence was imposed. Defendant replied, 'No Sir.' He was then asked if he knew of any reason why sentence should not be imposed in the matter. He replied, 'No Sir.'

The court then sentenced defendant under the provisions of section 204.20(5) to a period of six months to be served at the state penitentiary concurrently with the sentences imposed in causes 6660 and 6661. Defendant was then advised again in detail of his right to appeal both judgments.

The court then inquired, 'Now, gentlemen, have I overlooked anything in connection with these matters?'. No one responded. The court then made inquiry of defendant if he had any comment about the services rendered him by his court-appointed counsel who was a former county attorney in Des Moines County. The defendant replied, 'No Sir.'

The foregoing portions of the record set the stage for consideration of defendant's two assignments of error in which he asserts: (1) trial court erred in accepting the guilty pleas on all three charges because defendant was not properly advised of the consequences of the pleas, or explained the length of the possible sentences or extent of the punishment; and (2) trial court did not properly determine the voluntariness of the pleas nor adequately or properly inquired whether the pleas were induced by promises and persuasion.

The foregoing assignments are urged by defendant in seeking a reversal in each of the three cases involved.

I. A plea of guilty in order to provide the basis for conviction and support a judgment and sentence must be a voluntary and intelligent act done with actual knowledge of the existence and meaning of the constitutional rights involved and with full understanding of the nature of the charge made against him and the direct consequences of the plea. State v. Kellison, 232 Iowa 9, 14, 4 N.W.2d 239, 242; State v. Bastedo, 253 Iowa 103, 111--112, 111 N.W.2d 255, 260; State v. Kulish, 260 Iowa 138, 143, 148 N.W.2d 428, 432; State v. Lampson, 260 Iowa 806, 815--816, 149 N.W.2d 116, 121; Parrott v. Haugh, 158 N.W.2d 766, 770 (Iowa 1968); and State v. Kobrock, 213 N.W.2d 481 (Iowa 1973).

To aid the trial court in making the constitutionally required determination that a guilty plea is truly voluntarily made with understanding of the nature of the charge and the direct consequences of the plea, this court in State v. Sisco, 169 N.W.2d 542, 547--550 (Iowa 1969) adopted certain specified Minimum Standards of the American Bar Association as guidelines. The court announced that although adoption of the standards did not mean a determination by the trial court in such matters required any ritualistic or rigid formula be fixed upon or followed, a meaningful compliance with those guidelines is required.

II. In light of the foregoing principles we turn to the transcript of the proceedings had March 10, 1971, in the Des Moines County District Court when defendant tendered guilty pleas to the three charges giving rise to this appeal.

The first case considered was cause 6648 in which defendant was originally charged with possession of marijuana for sale. As amended, it charged only possession of marijuana. Defendant's counsel stated it was their understanding the information was being amended to charge an indictable misdemeanor instead of a felony. The court announced this was its understanding.

When the matter proceeded to arraignment defendant through counsel requested permission to withdraw a plea of not guilty entered to the original information and to enter a plea of guilty to the information as amended.

The court addressing its remarks to defendant pursued a line of questioning calculated to determine if defendant understood the effect of the amendment, if his plea was voluntary and whether any one had made any promises, threats or had attempted to coerce defendant into entering a plea of guilty. Defendant replied, 'No Sir.'

Continuing its inquiry of defendant the court sought to determine if defendant understood his rights to a jury trial, the presumption of his innocence and the extent of the State's burden to prove him guilty of the crime charged beyond a reasonable doubt.

Finally, the court questioned defendant as to whether the charge as amended accusing him of having possession of marijuana for personal use on January 27, 1971, was true. Defendant answered that it was. The court accepted the guilty plea.

Bond was reduced from $5000 as originally fixed to $750 before the court proceeded to the next case.

The next case considered was 6660 in which defendant was charged by information with selling hallucinogenic drugs to a minor contrary to sections 204A.3 and 204A.11.

At arraignment defendant stated he had a copy of the information, was correctly named therein, waived time in which to answer and wished to plead at this point.

When asked how he pled defendant's counsel stated, 'His answer is guilty.'

The court thereupon advised defendant it had some responsibility to make a number of determinations in connection with his plea and proceeded to ask defendant if it was correct that he wished to enter a plea of guilty. Defendant said he did.

The court followed the foregoing inquiry by asking defendant if his plea was voluntary and if he knew what was meant by 'voluntary.' In each instance Reppert replied, 'Yes Sir.'

The court proceeded by asking if any promises or threats had been made to defendant or if any coercion had been used by any one in any way to persuade him to enter a plea of guilty. Defendant's answer was, 'No Sir.'

As in the previous cause the court advised defendant of his right to a jury trial, the existence of the presumption of his innocence and the duty of the State to prove his guilt beyond a reasonable doubt. In each instance defendant gave a positive answer.

Addressing defendant again, the court asked: 'And knowing all of these things, you still wish to enter a plea of guilty to the charge?' The defendant replied, 'Yes Sir.'

The court referred to the information and asked defendant, after stating in some detail the facts alleged as a basis for the charge of selling hallucinogenic drugs to a person under 21 years of age, if the facts stated were true. Defendant an...