State v. Zacek, 54382
| Decision Date | 27 September 1971 |
| Docket Number | No. 54382,54382 |
| Parties | STATE of Iowa, Appellee, v. Richard Steven ZACEK, Appellant. |
| Court | Iowa Supreme Court |
Paul H. Kinion, Cedar Rapids, for appellant.
Richard C. Turner, Atty. Gen., Michael J. Laughlin, Asst. Atty. Gen., William G. Fashes, County Atty., for appellee.
Richard Steven Zacek appeals from judgment imposing sentence following his conviction on plea of guilty to the crime of murder as defined in section 690.2, The Code. He contends the court erred in accepting his guilty plea since it failed to make a proper inquiry into the voluntary character of the plea.
The day of defendant's arrest in connection with the murder involved, the Cedar Rapids municipal court appointed two attorneys to represent him. Their appointment was confirmed and they were reappointed by the district court when defendant was arraigned. After psychiatric examination defendant appeared with his attorneys and personally entered a plea of guilty to the crime of murder as charged in the indictment.
The trial court, in personally interrogating defendant, followed the guideline standards set out in State v. Sisco, 169 N.W.2d 542, 547--548, (Iowa 1969), to assist the court in making the constitutionally required determination that a defendant's guilty plea is truly voluntary. This examination covers 11 pages of the printed record. The trial court thus developed a complete record to support his determination.
At the conclusion the trial court determined defendant understood the charge made against him, was aware of the penal consequences of his plea and that his plea was entered voluntarily. The plea was accepted and date set for hearing to determine the degree.
Following the hearing to determine the degree of guilt, the court found defendant guilty of murder in the second degree and sentenced him to be imprisoned in the state penitentiary for 75 years.
Defendant in support of his assigned error stated supra maintains: (1) in order for a court to properly determine the voluntary character of a guilty plea it must first advise defendant as to the elements of the crime and inquire whether he understands the nature of the offense and (2) a court should not accept a plea of guilty without first determining whether or not the plea is tendered as a result of prior discussion or plea bargaining and, if it is, what agreement has been reached.
I. In connection with defendant's first brief point, examination of the record developed by the trial court in determining the voluntary character of defendant's guilty plea convinces us defendant's plea was knowingly and voluntarily entered with a full understanding of the charge made against him and that he was aware of the penal consequences of his plea.
The court in personally interrogating defendant made a penetrating and comprehensive examination of the circumstances under which defendant's plea was tendered.
In the course of his examination the court read and advised defendant of the provisions of section 690.2 defining murder in the first degree and the punishment therefor. The definition of murder in the second degree and the possible maximum and minimum penalty therefor were also read and explained by the court to defendant. Section 690.4, which requires the court to determine the degree of guilt upon a plea of guilty, was likewise read. Inquiry was made whether defendant understood what had been read to him and he replied in the affirmative.
The court then...
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