Young v. State
Decision Date | 29 December 1981 |
Docket Number | 5 Div. 605 |
Citation | 408 So.2d 199 |
Parties | Richard Carl YOUNG and Edward Wayne Young v. STATE. |
Court | Alabama Court of Criminal Appeals |
Charles Ned Wright, Wedowee, for appellants.
Charles A. Graddick, Atty. Gen. and Helen P. Nelson, Asst. Atty. Gen., for appellee.
The defendants pled guilty to three separate indictments charging them jointly with robbery in the first degree, theft in the first degree, and kidnapping in the second degree. Sentences were twenty-five years', ten years', and five years' imprisonment respectively.
On appeal the defendants argue that there is no factual basis in the record to support the kidnapping convictions.
In Clark v. State, 294 Ala. 485, 318 So.2d 805 (1974), it was stated:
294 Ala. at 488, 318 So.2d 805 (emphasis added).
This is in accordance with the admonition contained in footnote 7 of Boykin v. Alabama, 395 U.S. 238, 425, 89 S.Ct. 1709, 1713, 23 L.Ed.2d 274 (1969), that the "trial court is best advised to conduct an on the record examination of the defendant which should include, inter alia, an attempt to satisfy itself that the defendant understands ... the acts sufficient to constitute the offenses for which he is charged."
Rule 11 of F.R.C.P. establishes the procedures that federal courts must follow to ensure that a plea of guilty is voluntary. Before a federal judge can enter judgment, Rule 11(f) requires the judge to determine on the record that a factual basis for the plea exists. Willett v. Georgia, 608 F.2d 538 (5th Cir. 1979). However, Rule 11 procedures are not constitutionally mandated. McCarthy v. United States, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418 (1969).
Although Rule 11 does not apply to state proceedings, due process requires state courts to assure that guilty pleas are made voluntarily and intelligently. Boykin, supra.
While the defendants did not personally state facts which would show that a kidnapping occurred 1, the trial judge had other information available which was sufficient to satisfy him of the factual basis of the plea. See United States v. Dayton, 604 F.2d 931 (5th Cir. 1979). The Report of Pre-Sentence Investigation states in pertinent part:
The record shows that both defendants knowingly and intelligently waived their constitutional rights under Boykin, supra. Their admissions of guilt were without reservation, unqualified and unequivocal. The defendants admitted in answer to the questions of the trial judge that they understood that kidnapping in the second degree was "taking a person and restraining his...
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