Ward v. People, 23332
| Decision Date | 13 July 1970 |
| Docket Number | No. 23332,23332 |
| Citation | 472 P.2d 673,172 Colo. 244 |
| Parties | Donald Anthony WARD, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error. |
| Court | Colorado Supreme Court |
Edward H. Sherman, Public Defender, Earl S. Wylder, Asst. Public Defender, Denver, for plaintiff in error.
Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Michael T. Haley, Asst. Atty. Gen., Denver, for defendant in error.
This is a proceeding under Colo.R.Crim.P. 35(b). The district court denied the requested relief. We affirm.
The defendant (plaintiff in error here) was charged in eight counts with robbery, rape, unnatural carnal copulation, assault to murder, and conspiracy to commit each of such four crimes. An attorney was appointed to represent the defendant. This attorney had a wide experience in the defense of criminal actions, having appeared in 400 or 500 of such cases. The district attorney's office agreed to dismiss the other seven charges in the event that the defendant entered a plea of guilty to the charge of rape. Thereafter, the defendant appeared in court with his attorney for arraignment, and upon arraignment, the defendant entered a plea of guilty. The record then contains the following:
The defendant and his attorney appeared before the same judge 28 days later for rearraignment and, upon rearraignment, he again entered a plea of guilty. Immediately thereafter the record is as follows:
He received a sentence of 25 years to life.
The defendant contended in the district court and here: (1) that the court erred in accepting the plea of guilty without first determining that the plea was voluntary and that the defendant understood the nature of the charge as required by Colo.R.Crim.P. 11(a); and (2) that in entering a plea of guilty he relied upon assurances made to him that he would receive a seven to ten year sentence. At the 35(b) hearing there was ample evidence to sustain the court's finding that no assurance as to the length of the sentence was given the defendant. Our consideration is therefore limited to the first ground asserted by the defendant.
Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 was announced on June 2, 1969. We will assume for the purpose of this opinion, but will...
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