Robinson v. State

542 P.2d 305, 218 Kan. 1, 1975 Kan. LEXIS 497
CourtSupreme Court of Kansas
DecidedNovember 8, 1975
DocketNo. 47,410
StatusPublished
Cited by8 cases

This text of 542 P.2d 305 (Robinson v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robinson v. State, 542 P.2d 305, 218 Kan. 1, 1975 Kan. LEXIS 497 (kan 1975).

Opinion

[2]*2The opinion of the court was delivered by

Fatzer, C. J.:

This is an appeal from an order denying appellant relief on a motion pursuant to K. S. A. 60-1507.

Appellant was charged with multiple counts of burglary and larceny committed during the first three months of 1970. Three informations were filed on January 21, April 17, and June 11, 1970. On July 17, 1970, the three cases were consolidated by order of the district court. On July 20, 1970, appellant appeared with retained counsel before the district court and entered his pleas of guilty. Following a rather lengthy colloquy between the court, the appellant and his counsel, the court accepted the guilty pleas and sentenced appellant to serve a term of years in the Kansas State Penitentiary.

On July 7, 1971, the appellant filed a motion pursuant to K. S. A. 60-1507 to vacate the sentence and alleged one ground for relief: “that he did not knowingly or intelligently make an (sic) voluntary plea of guilty. . . .” The district court granted no evidentiary hearing and summarily dismissed the motion by an order making findings of fact and conclusions of law to the effect the motion and the files and records of the case conclusively showed the appellant was entitled to no relief. The appellant duly perfected this appeal, and on April 5,1972, counsel was appointed to represent him.

The parties stipulated the statement of points to be relied upon were that the district court erred in (1) not granting appellant an evidentiary hearing and (2) not appointing counsel during the pendency of the hearing.

The appellant’s contention the district court erred in not granting an evidentiaiy hearing is not well taken. A district court need not grant an evidentiary hearing on a 60-1507 motion unless the claim for relief raises substantial questions of fact or law. Rhone v. State, 211 Kan. 206, 505 P. 2d 673; State v. Burnett, 194 Kan. 645, 400 P. 2d 971. Petitioner in a 60-1507 motion has the burden of establishing his grounds for relief. Supreme Court Rule 121 (g). This burden is never sustained by unsupported and uncorroborated statements of petitioner. Webb v. State, 195 Kan. 728, 408 P. 2d 662. Allegations in the form of unsupported conclusions are insufficient to present a justiciable issue under K. S. A. 60-1507. Potts v. State, 214 Kan. 369, 520 P.2d 1259.

The facts alleged by the appellant in his memorandum in support of the 60-1507 motion do not support the ground for relief— [3]*3that his pleas of guilty were not voluntarily made. The fact that his pleas of guilty were the result of plea bargaining with some charges being dropped and others being amended to charge a lesser offense lends no support to his claim. Plea bargaining is sanctioned by this court. The fact of plea bargaining does not render a plea involuntary. A guilty plea as part of a plea bargain is not per se grounds for vacation of the sentence. Burns v. State, 215 Kan. 497, 524 P. 2d 737; Weigel v. State, 207 Kan. 614, 485 P. 2d 1347; State v. Byrd, 203 Kan. 45, 453 P. 2d 22.

Appellant’s allegation that his charges were the result of “clearing the police books” is likewise without merit. Each information set out in detail the crimes for which appellant was charged. The state may charge appellant with all crimes he has committed. In the colloquy between the district judge and appellant at the time his guilty pleas were entered, appellant related how he had committed each crime charged. Once a guilty plea is entered, there is no need to offer evidence to sustain the conviction. McCarther v. State, 211 Kan. 152, 505 P. 2d 773; Hughes v. State, 206 Kan. 515, 479 P. 2d 850.

The remainder of the facts stated in the memorandum in support of the motion may be dismissed as unsupported and uncorroborated allegations. The appellant made bald accusations but gave no supporting details or supporting witnesses. Nothing beyond an accusation was offered to show that his attorney forced him to plead guilty or that the prosecuting attorney threatened him. The appellant’s other accusations are vague at best; they lack the requisite detail, specificity and corroboration to raise a substantial issue mandating an evidentiary hearing.

In examining the files and records of the case to ascertain whether the pleas of guilty were properly made, the district court would be guided by K. S. A. 22-3210. The effective date of the Code of Criminal Procedure including K. S. A. 22-3210 was July 1, 1970. The proceeding against appellant was commenced before that date. His pleas were entered after that date, on July 20, 1970. The entry of appellant’s guilty pleas on July 20, 1970, is governed by K. S. A. 22-3210. See State v. Ralls, 213 Kan. 249, 515 P. 2d 1205. K. S. A. 22-4602 provides that the trial of any prosecution commenced prior to July 1, 1970, and proceedings incident thereto shall be governed by the Code of Criminal Procedure unless the defendant elects to be proceeded against under the law in force at the time the prose[4]*4cution was commenced. Defendant is to make his election in open court or by writing at or prior to commencement of the trial. In the case at bar, the appellant made no election to proceed under the old law, and we conclude the provisions of K. S. A. 22-3210 apply.

K. S. A. 22-3210 gives specific and detailed direction to the district court for accepting guilty pleas. Essentially, the statute’s objectives are to insure the plea is made voluntarily and with an understanding of the nature of the charges and the consequences of the plea, to insure there is a factual basis for the plea and to insure a complete record of the proceedings. This court also uses the statute as a measure in reviewing the propriety of the district court’s actions in ruling on a 60-1507 charge that the plea was made involuntarily.

K. S. A. 22-3210 provides a plea of guilty may be accepted when the court has informed the defendant of the consequences of his plea and of the maximum penalty provided by law which may be imposed upon acceptance of such plea, when the court has addressed the defendant personally and determined that the plea is made voluntarily with an understanding of the nature of the charge and the consequences of the plea, and when the court is satisfied there is a factual basis for the plea. The statute further provides the defendant must appear and plead personally, that a record of all proceedings at the plea and entry of judgment thereon must be made and that a transcript thereof must be prepared and filed with the other papers in the case.

The transcript of the proceedings when the guilty pleas were made and accepted indicates all requirements of K. S. A. 22-3210, including those challenged by appellant, were complied with by the district court. The district court went to great lengths in questioning the appellant to insure he understood the nature of the charges against him. The court explained each charge and determined that the appellant had discussed them with his attorney. In response to the court’s question, the appellant answered he had no questions about the nature of the charges — what he was charged with or what the charges meant. The appellant expressed a knowing waiver of his right to trial by a jury. The court informed the appellant of the consequences of his pleas and the maximum penalty which would be imposed as a result of the pleas.

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Cite This Page — Counsel Stack

Bluebook (online)
542 P.2d 305, 218 Kan. 1, 1975 Kan. LEXIS 497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-state-kan-1975.