State v. Cliburn

Supreme Court of Iowa

State v. Cliburn

210 N.W.2d 440, 1973 Iowa Sup. LEXIS 1225

CourtSupreme Court of Iowa

DecidedSeptember 19, 1973

Docket54985

StatusPublished

Cited by2 cases

This text of 210 N.W.2d 440 (State v. Cliburn) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Cliburn, 210 N.W.2d 440, 1973 Iowa Sup. LEXIS 1225 (iowa 1973).

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Opinion

PER CURIAM:

Defendant appeals from judgment imposing sentence following a guilty plea conviction of sodomy in violation of Code section 705.1. His sole assigned error is that the trial court failed to make a proper inquiry into the voluntary character of the plea.

On March 23, 1971 defendant, appearing with counsel, entered a plea of guilty to the crime of sodomy as charged by county attorney’s information.- Defendant’s attorney stated he had discussed with defendant the facts as indicated by the minutes of testimony, which defendant had previously studied, and enumerated his constitutional rights, including a right to jury trial, his right of cross-examination of witnesses, counsel at public expense and the presumption of innocence. He further stated defendant thereafter expressed his desire to voluntarily enter a plea of guilty. When asked by the court if his counsel’s statements were correct, defendant answered in the affirmative.

The court then personally conducted a comprehensive examination of defendant regarding his understanding of his constitutional rights and the circumstances under which defendant was tendering his plea of guilty. The record demonstrates the trial court carefully complied with the guidelines set forth in State v. Sisco, Iowa, 169 N.W.2d 542, including a determination defendant’s guilty plea was made knowingly and voluntarily.

Defendant’s appeal is without merit. The judgment of the trial court is affirmed.

Affirmed.

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PER CURIAM:

Defendant appeals from judgment imposing sentence following a guilty plea conviction of sodomy in violation of Code section 705.1. His sole assigned error is that the trial court failed to make a proper inquiry into the voluntary character of the plea.

On March 23, 1971 defendant, appearing with counsel, entered a plea of guilty to the crime of sodomy as charged by county attorney’s information.- Defendant’s attorney stated he had discussed with defendant the facts as indicated by the minutes of testimony, which defendant had previously studied, and enumerated his constitutional rights, including a right to jury trial, his right of cross-examination of witnesses, counsel at public expense and the presumption of innocence. He further stated defendant thereafter expressed his desire to voluntarily enter a plea of guilty. When asked by the court if his counsel’s statements were correct, defendant answered in the affirmative.

The court then personally conducted a comprehensive examination of defendant regarding his understanding of his constitutional rights and the circumstances under which defendant was tendering his plea of guilty. The record demonstrates the trial court carefully complied with the guidelines set forth in State v. Sisco, Iowa, 169 N.W.2d 542, including a determination defendant’s guilty plea was made knowingly and voluntarily.

Defendant’s appeal is without merit. The judgment of the trial court is affirmed.

Affirmed.

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Bluebook (online)

210 N.W.2d 440, 1973 Iowa Sup. LEXIS 1225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cliburn-iowa-1973.

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