State v. Gee

Nebraska Supreme Court

State v. Gee

213 N.W.2d 726, 191 Neb. 60, 1974 Neb. LEXIS 802

CourtNebraska Supreme Court

DecidedJanuary 4, 1974

DocketNo. 39102

StatusPublished

Cited by1 cases

This text of 213 N.W.2d 726 (State v. Gee) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Gee, 213 N.W.2d 726, 191 Neb. 60, 1974 Neb. LEXIS 802 (Neb. 1974).

Pincite

Opinion

Per Curiam.

The defendant was convicted, on a plea of nolo contendere, of uttering an insufficient 'fund check in the amount of $1,454.90 with intent to defraud. He has appealed and claims the procedure followed in the District Court failed to satisfy the requirements for accepting a plea of guilty or no contest set forth in Boykin v. Alabama, 395 U. S. 238, 89 S. Ct. 1709, 23 L. Ed. 2d 274. Specifically, the defendant points out nothing was said concerning a waiver of trial, the penalty that might be imposed, or whether there had been any coercion.

The Standards Relating to Pleas of Guilty promulgated by the American Bar Association outline what should be the' minimum procedure in the taking of pleas of guilty or no contest in this state. State v. Turner, 186 Neb. 424, 183 N. W. 2d 763. The procedure which was followed in this case fell far short of compliance with these standards.

The judgment is reversed and the cause remanded for further proceedings in conformity with this opinion.

Reversed and remanded.

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Per Curiam.

The defendant was convicted, on a plea of nolo contendere, of uttering an insufficient 'fund check in the amount of $1,454.90 with intent to defraud. He has appealed and claims the procedure followed in the District Court failed to satisfy the requirements for accepting a plea of guilty or no contest set forth in Boykin v. Alabama, 395 U. S. 238, 89 S. Ct. 1709, 23 L. Ed. 2d 274. Specifically, the defendant points out nothing was said concerning a waiver of trial, the penalty that might be imposed, or whether there had been any coercion.

The Standards Relating to Pleas of Guilty promulgated by the American Bar Association outline what should be the' minimum procedure in the taking of pleas of guilty or no contest in this state. State v. Turner, 186 Neb. 424, 183 N. W. 2d 763. The procedure which was followed in this case fell far short of compliance with these standards.

The judgment is reversed and the cause remanded for further proceedings in conformity with this opinion.

Reversed and remanded.

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Bluebook (online)

213 N.W.2d 726, 191 Neb. 60, 1974 Neb. LEXIS 802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gee-neb-1974.

Opinion

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