Jeffers v. State

Supreme Court of Arkansas

Jeffers v. State

786 S.W.2d 114, 301 Ark. 590, 1990 Ark. LEXIS 156

CourtSupreme Court of Arkansas

DecidedMarch 26, 1990

DocketCR 89-216

StatusPublished

Cited by13 cases

This text of 786 S.W.2d 114 (Jeffers v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jeffers v. State, 786 S.W.2d 114, 301 Ark. 590, 1990 Ark. LEXIS 156 (Ark. 1990).

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Opinion

Robert H. Dudley, Justice.

In 1980, the appellant pleaded guilty to first degree murder and aggravated robbery. The murder occurred in the course of the aggravated robbery. He was sentenced for both offenses. The trial court later set aside the conviction for aggravated robbery, the underlying offense. See Ark. Code Ann. § 5-1-110(a)(1) (1987). Appellant now stands convicted only of first degree murder. In a petition for post-conviction relief under A.R.Cr.P. Rule 37, he contends that the trial court, in 1980, failed to establish a factual basis for his plea and failed to establish that his plea was voluntarily or intelligently made. The post-conviction petition was not filed until 1988. The trial court denied relief. We affirm.

Petitions claiming relief pursuant to A.R.Cr.P. Rule 37 must be filed within three (3) years of the date of entry of judgment, unless the ground for relief would render the judgment of conviction absolutely void. A.R.Cr.P. Rule 37.2(c). A ground sufficient to void a judgment of conviction must be one so basic that it renders the judgment a complete nullity, for example, a judgment obtained in a court lacking jurisdiction to try the accused, or a conviction obtained in violation of an accused’s rights against double jeopardy. Travis v. State, 286 Ark. 26, 688 S.W.2d 935 (1985). A trial court’s failure to establish a factual basis for a guilty plea is not so basic as to render a judgment of conviction a complete nullity.

Affirmed.

Price, J., not participating.

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Robert H. Dudley, Justice.

In 1980, the appellant pleaded guilty to first degree murder and aggravated robbery. The murder occurred in the course of the aggravated robbery. He was sentenced for both offenses. The trial court later set aside the conviction for aggravated robbery, the underlying offense. See Ark. Code Ann. § 5-1-110(a)(1) (1987). Appellant now stands convicted only of first degree murder. In a petition for post-conviction relief under A.R.Cr.P. Rule 37, he contends that the trial court, in 1980, failed to establish a factual basis for his plea and failed to establish that his plea was voluntarily or intelligently made. The post-conviction petition was not filed until 1988. The trial court denied relief. We affirm.

Petitions claiming relief pursuant to A.R.Cr.P. Rule 37 must be filed within three (3) years of the date of entry of judgment, unless the ground for relief would render the judgment of conviction absolutely void. A.R.Cr.P. Rule 37.2(c). A ground sufficient to void a judgment of conviction must be one so basic that it renders the judgment a complete nullity, for example, a judgment obtained in a court lacking jurisdiction to try the accused, or a conviction obtained in violation of an accused’s rights against double jeopardy. Travis v. State, 286 Ark. 26, 688 S.W.2d 935 (1985). A trial court’s failure to establish a factual basis for a guilty plea is not so basic as to render a judgment of conviction a complete nullity.

Affirmed.

Price, J., not participating.

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786 S.W.2d 114, 301 Ark. 590, 1990 Ark. LEXIS 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jeffers-v-state-ark-1990.

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