State v. Tucker
| Decision Date | 09 January 1974 |
| Docket Number | No. 2715,2715 |
| Parties | STATE of Arizona, Appellee, v. Charles TUCKER, Appellant. |
| Court | Arizona Supreme Court |
Gary K. Nelson, Atty. Gen., Thomas A. Jacobs, Asst. Atty. Gen., Phoenix, for appellee.
Paul Hunter, Yuma, for appellant.
This is an appeal from a judgment of guilt entered after the appellant, Charles Tucker, pleaded guilty to a charge of possession of heroin for sale in violation of A.R.S. § 36--1002.01.
The facts necessary for determination of this case on appeal are as follows. The appellant was taken into custody and an information was filed charging him with the sale of heroin. An amended information was filed on November 30, 1972, which charged the appellant with the possession of heroin for sale. A plea bargain was entered into with the Yuma County Attorney. The agreement provided that the appellant would plead guilty to possession of heroin for sale in exchange for the dismissal of the charge of selling heroin and an unrelated marijuana offense.
On December 4, 1972, the appellant pleaded guilty as per the terms of the agreement. The judge was informed of the plea bargain. On January 8, 1973, the appellant was given a sentence of from six to fifteen years imprisonment in the Arizona State Prison. This appeal followed.
Appellant makes four designations of error. First appellant contends that, in light of State v. Durham, 108 Ariz. 327, 498 P.2d 149 (1972), his guilty plea is invalidated by the lack of corroborative evidence to support the plea. We have held that the record need only indicate that the trial court was sufficiently informed as to the factual basis of the plea. An explicit finding of fact need not be made. State v. Williker, 107 Ariz. 611, at 615, 491 P.2d 465 at 469 (1971). Depending upon the case, merely calling upon the defendant to acknowledge whether he committed the crime as charged may not be sufficient. Durham, supra. In the instant case the record reveals the following exchange took place:
There was nothing before the trial court to indicate that the appellant did not in fact possess the heroin for sale as he affirmatively admitted that he did. Nor does the appellant deny his guilt on appeal, it should be noted. Under these circumstances it is obvious that the court was provided with sufficient facts in order to preclude the possibility of a legally innocent defendant pleading guilty. Therefore we hold that there was a factual basis for the guilty plea.
Appellant next contends that the guilty plea was not intelligently made because he was not adequately informed of the consequences of a guilty plea. While appellant admits the trial judge communicated the minimum and maximum sentence for the offense to him, he takes the novel position that informing a defendant of the maximum and minimum sentence does not inform him that the sentence actually imposed can range anywhere in between. Thus the appellant argues that informing a defendant that the sentence for a crime is from five to fifteen years does not sufficiently inform the defendant that he could receive a sentence of six to fifteen years. We find this line of argument wholly without merit and it does not raise any issue of sufficient interest to justify extending this opinion.
Appellant further contends that it was error for the trial judge to fail to question the appellant to determine whether the guilty plea was based upon promises of leniency, threats, or duress. In considering whether the guilty plea is properly made under the requirements of Boykin v. Alabama,395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), the record...
To continue reading
Request your trial
-
State v. Mendiola
...Constitutional rights pursuant to Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). See also State v. Tucker, 110 Ariz. 270, 517 P.2d 1266 (1974); State v. Vasquez, 21 Ariz.App. 445, 520 P.2d 539 The issue which this Court must decide is whether under the circumstances ......
-
State v. Salinas
...97 L.Ed.2d 748 (1987). Strong evidence exists when the defendant clearly and affirmatively admits his guilt. See State v. Tucker, 110 Ariz. 270, 271, 517 P.2d 1266, 1267 (1974); State v. Campbell, 107 Ariz. 348, 351, 488 P.2d 968, 971 (1971). A plea of guilty with a protestation of innocenc......
-
State v. Miller
...P.2d 1037 (1973). All that is required is that the court must be satisfied that there is a factual basis for the plea. State v. Tucker, 110 Ariz. 270, 517 P.2d 1266 (1974); State v. Herdon, 109 Ariz. 147, 506 P.2d 1041 (1973); State v. Anderson, 109 Ariz. 158, 506 P.2d 1052 (1973); State v.......
-
State v. Huizar
...and intelligently made with an understanding of the nature of the charges and the consequences of the plea.' State v. Tucker, 110 Ariz. 270, 517 P.2d 1266 (1974). In our review of the record we find that this requirement has been We find no merit in appellant's argument that the plea should......