State v. Fluhr

287 N.W.2d 857, 1980 Iowa Sup. LEXIS 758
CourtSupreme Court of Iowa
DecidedJanuary 23, 1980
Docket62749
StatusPublished
Cited by66 cases

This text of 287 N.W.2d 857 (State v. Fluhr) 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. Fluhr, 287 N.W.2d 857, 1980 Iowa Sup. LEXIS 758 (iowa 1980).

Opinions

ÁLLBEE, Justice.

The proper procedure for acceptance of guilty pleas has in the past been the subject of much debate. See, e. g., Henderson v. Morgan, 426 U.S. 637, 96 S.Ct. 2253, 49 L.Ed.2d 108 (1976) (3-4-2 decision); State v. Reaves, 254 N.W.2d 488 (1977) (4-1-4 decision). Our legislature recently removed some of the uncertainties in this area by enacting Iowa R.Crim.P. 8(2). It is the application of this rule to a determination of the adequacy of defendant Fluhr’s guilty plea to which we now turn.

The proceedings with which we are primarily concerned took place on October 2, 1978, at the Black Hawk County Courthouse. The following is a complete transcript of those brief proceedings:

THE COURT: For the record, the State on this date has filed an Amended Information reducing the charge in this case from a felony, Class C Felony, to an aggravated misdemeanor, and I’ve been handed by Mr. Long an executed written plea of guilty, and on the record, are you prepared to withdraw the former plea and also waive any formalities of arraignment on the Amended Information?
MR. LONG: Yes, Your Honor, we would. We would withdraw our former plea of not guilty and to the Amended Trial Information the Defendant is here today to enter a plea of guilty.
We could waive formal arraignment, waive time to plead, and state that the Defendant is charged in his true and correct name, and that he is nineteen, I believe — nineteen years old.
THE COURT: Mr. Fluhr, would you stand, please?
I see from this written plea that you completed the Tenth Grade. I assume that you’re able to read the English language all right, is that right?
THE DEFENDANT: Uh-huh.
THE COURT: Did you and Mr. Long go through this entire plea form?
THE DEFENDANT: Yes, sir.
THE COURT: Do you think you understood what your rights are—
THE DEFENDANT: Yes, sir.
THE COURT: —as far as trial goes and so on, if you plead not guilty?
THE DEFENDANT: Yes, Your Hon-p or.
THE COURT: Do you have any questions about anything on this form?
THE DEFENDANT: No.
THE COURT: Well, being familiar with it and knowing what your rights are and understanding that if you plead guilty, you give up those rights, I’d ask you on the record here in open court what is your plea; guilty or not guilty?
THE DEFENDANT: Guilty.
[860]*860THE COURT: That is to the amended charge of Theft in the Third Degree, an aggravated misdemeanor, is that right?
THE DEFENDANT: Yeah.
THE COURT: This consisted of taking parts off of a car that belonged to a man named Thompson,1 is that right?
THE DEFENDANT: Yes.
THE COURT: Aside from the reduction of the charge, has there been any other plea bargaining in this case?
MR. NARDINI: No, Your Honor.
MR. LONG: Just the reduction in charge.
THE COURT: So you understand that the matter of sentencing will be up to a Judge later on after a pre-sentence investigation?
THE DEFENDANT: Yes, sir.
THE COURT: Just one or two other questions. There’s been no other plea bargain or promise by the State other than what they have already done. That is, to reduce the charge. Did anyone threaten you in any way to force you into court today?
THE DEFENDANT: No, Your Honor.
THE COURT: Have you had anything by way of — today—either alcohol or drugs that makes it difficult to understand what we’re doing?
THE DEFENDANT: No, Your Honor.
THE COURT: All right. Well, on the basis of the executed written plea and the Defendant’s affirmance of that here in open court, I will accept the plea and Order a presentence investigation and could you have the Defendant report to Pre-Trial Services to set up an appointment?
MR. LONG: Certainly. Certainly. Thank you.
(Proceedings concluded.)

On November 3,1978, defendant was given a two-year imprisonment sentence, but was placed on probation with the provision that he stay in a residential facility. Defendant subsequently filed an appeal from his conviction by plea of guilty.

I. At the outset, we note that because the alleged crime occurred on June 19,1978, this case is governed by Iowa R.Crim.P. 23(3)(b), § 813.2, Supplement to the Code 1977 (amended by Iowa R.Crim.P. 23(3)(a), (b), § 813.2, The Code 1979). See § 801.5(1), The Code 1979. That rule permits a defendant to directly appeal. his conviction based on a guilty plea, escaping the requirement of both State v. Reaves, 254 N.W.2d 488, 493 (Iowa 1977), and the amended rule that procedural challenges to guilty pleas be initially raised by a motion in arrest of judgment. State v. Kempf, 282 N.W.2d 704, 706 (Iowa 1979); State v. Gardner, 274 N.W.2d 328, 329 (Iowa 1979). See also State v. Spence, 282 N.W.2d 131, 132 (Iowa 1979).

The other procedural requirement for preservation of error set forth in Reaves, that the defendant claim to have been unaware and not advised of the claimed omission from the guilty plea proceedings, is supplanted by the detailed procedural guidelines set forth in rules 8(2)(b) and 23. See Manley v. State, 278 N.W.2d 1, 4 (Iowa 1979) (McCormick, J., concurring specially). See generally 82 C.J.S. Statutes § 292 (1953).

II. Iowa R.Crim.P. 8(2)(b) specifically requires that the trial judge personally address the defendant to some extent before his guilty plea may be accepted. The rule provides:

The court may refuse to accept a plea of guilty, and shall not accept such plea without first addressing the defendant personally and determining that the plea is made voluntarily and intelligently and has a factual basis.
Before accepting a plea of guilty, the court must address the defendant personally in open court and inform the defendant of, and determine that the defendant understands, the following:
(1) The nature of the charge to which the plea is offered.
(2) The mandatory minimum punishment, if any, and the maximum possible [861]*861punishment provided by the statute defining the offense to which the plea is offered.
(3) That the defendant has the right to be tried by a jury, and at such trial has the right to assistance of counsel, the right to confront and cross-examine witnesses against him or her, and the right not to be compelled to incriminate himself or herself.

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Cite This Page — Counsel Stack

Bluebook (online)
287 N.W.2d 857, 1980 Iowa Sup. LEXIS 758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-fluhr-iowa-1980.