State v. Sullivan
| Decision Date | 25 March 1971 |
| Docket Number | No. 2165,2165 |
| Citation | 482 P.2d 861,107 Ariz. 98 |
| Parties | STATE of Arizona, Appellee, v. Michael John SULLIVAN, Appellant. |
| Court | Arizona Supreme Court |
Gary K. Nelson, Atty. Gen., Carl Waag, Asst. Atty. Gen., Phoenix, for appellee.
Ross P. Lee, Maricopa County Public Defender, William Carter, Deputy Public Defender, Phoenix, for appellant.
Defendant Michael John Sullivan appeals his conviction and sentence following a plea of guilty to the charge of illegal furnishing of marijuana, a felony, entered in open court on December 11, 1969. From the record it is evident the change of plea was the result of plea bargaining. He was sentenced by the court on January 22, 1970 to be confined in the Arizona State Prison for not less than five years nor more than six years. Following the imposition of sentence the court dismissed on motion of the county prosecutor three separate informations pending against defendant which related to other marijuana as well as burglary charges.
His principal argument on appeal questions the validity of his plea of guilty under Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 1 and McCarthy v. United States, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418. At the time defendant entered his plea he was represented by two attorneys and the record shows that the court examined defendant, who stated he was 'guilty of the charge'. The trial court informed the defendant of constitutional rights that he was waiving, that the range of sentence was from five years to life and that he would not be eligible for release on any basis in less than three years. The court held that the defendant's guilty plea was made knowingly, voluntarily and intelligently.
Defendant contends that the court failed to determine that there was a factual basis for this plea. We cannot agree, in view of the record. The transcript of the proceedings at the change of plea contains the following:
'THE COURT: All right.
'
Prior to sentencing defendant filed with the court a petition in mitigation which contained portions of the transcript at the preliminary hearing, which together with the probation officer's report furnished the court with considerable information concerning the factual basis of the crime, i.e., furnishing marijuana. What is required to satisfy a court that there is a factual basis for the plea will differ in each case. See North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162.
Although the court is required to establish that there is a factual basis for the plea, we can find no requirement, as defendant urges, when a guilty plea is made, that the court inquire into matters which might have been offered in defense such as entrapment, the result of laboratory analysis of the substance to determine if in fact it was marijuana, and whether it was a usable quantity. These are matters to be raised at the preliminary hearing, or at trial.
We have considered defendant's claim of 'Boykin' error without requiring defendant first to apply to the trial court to set aside the plea. State v. Leuck, 107 Ariz. 49, 481 P.2d 842 (3--10...
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Reponte v. State
...10 Finally, we dispose of appellant's argument that the court did not make any inquiry into appellant's defense. Cf. State v. Sullivan, 107 Ariz. 98, 482 P.2d 861 (1971). In this regard appellant primarily relies on the defense of intoxication. He had testified at the coram nobis proceeding......
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Jordan v. Jordan
...the date on which the first appeal became final and the decision of the second appeal, we held in a different case, State v. Sullivan, 107 Ariz. 98, 482 P.2d 861 (1971), that an appellate court could determine the Boykin issue without first requiring defendant to petition the trial court to......
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State v. Lerch, 2141
...from the record, the accused can either file a Rule 60(c) motion or he can file an appeal. Recently, this Court in State v. Sullivan, 107 Ariz. 98, 482 P.2d 861 (decided March 25, 1971), held that it was not necessary for a defendant to first petition the trial court to set aside his guilty......
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State v. Shrum
...¶ 10 Before 1992, a defendant pleading guilty could challenge his conviction and sentence on direct appeal. See, e.g., State v. Sullivan, 107 Ariz. 98, 482 P.2d 861 (1971); State v. Leuck, 107 Ariz. 49, 481 P.2d 842 (1971). After the legislature abolished direct appeals for pleading defenda......