State v. Rincon

• Decision Date: 30 December 1971
• Docket Number: No. 1,CA-CR,1
• Citation: 492 P.2d 435,16 Ariz.App. 186
• Parties: STATE of Arizona, Appellee, v. Juan RINCON, Appellant. 275.
• Court: Arizona Court of Appeals

Page 435

492 P.2d 435

16 Ariz.App. 186

STATE of Arizona, Appellee, v. Juan RINCON, Appellant.

No. 1 CA-CR 275.

Court of Appeals of Arizona, Division 1, Department A.

Dec. 30, 1971.

Rehearing Denied Jan. 25, 1972.

Review Denied Feb. 29, 1972.

Gary K. Nelson, Atty. Gen., by Albert M. Coury, Asst. Atty. Gen., for appellee.

Ross P. Lee, Public Defender for Maricopa County, by Anne Kappes, and William Carter, Deputy Public Defenders, for appellant.

STEVENS, Presiding Judge.

The appellant, who was the defendant in the Superior Court, entered a plea of guilty to the offense of grand theft, a felony. Thereupon another felony information was dismissed. He was adjudged guilty and sentenced. This case is before us on appeal. The opening brief on appeal quotes the reporter's transcript at the time of the entry of the plea and the only issue presented therein is the asserted absence of a factual basis for the plea. The area of pleas of guilty and the factual basis for the entry of a judgment of guilt was reviewed by our Supreme Court in the case of State v. Williker, 107 Ariz. 611, 491 P.2d 465 (1971). In our opinion the case at bar comes within the guidelines of Williker.

There was a preliminary hearing which was conducted on 18 June 1969. The defendant was represented at the preliminary hearing by a deputy from the Office of the Public Defender of Maricopa County. The same deputy served the defendant in open court at the time of the entry of the plea and at the time of the entry of the judgment of guilt and sentence.

The reporter's transcript of the preliminary hearing was filed in the Superior Court on 17 July 1969. It fully establishes the offense of grand theft, including the value of the items taken, and establishes the defendant to have either physically participated in the offense or to have been an accessory. An accessory is chargeable as a principal. A.R.S. § 13--142.

The plea of guilty was entered on 8 September 1969. The court advised that a probation officer investigation would be made which is routine in Arizona. The report is given to the judge prior to the time of the entry of the judgment of guilt and sentence. At the time of the entry of the plea the defendant was questioned largely by his attorney. The reporter's transcript of the preliminary hearing was of record before the trial court. The judgment of guilt and sentence were pronounced on 12 December 1969. When the entire record is put together there can be no question as to the presence of a factual basis for the plea. In State v. Logan, 15 Ariz.App. 457, 489 P.2d 304 (1971), we stated that we would consider '* * * the totality of the record at the time of judgment and sentencing.' 15 Ariz.App. at 459, 489 P.2d at 306.

The defendant in person filed a notice of appeal and in connection with the appeal h...