State v. Hansen

464 P.2d 960, 105 Ariz. 368, 1970 Ariz. LEXIS 269
CourtArizona Supreme Court
DecidedFebruary 13, 1970
Docket1886
StatusPublished
Cited by8 cases

This text of 464 P.2d 960 (State v. Hansen) is published on Counsel Stack Legal Research, covering Arizona 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. Hansen, 464 P.2d 960, 105 Ariz. 368, 1970 Ariz. LEXIS 269 (Ark. 1970).

Opinion

HAYS, Justice.

Defendant-Appellant Lyle Hansen is stone deaf. On May 10, 1967, he stole approximately $300 from one Raymond Brown in the parking lot at Jerry’s Place, a bar located in Glendale. The following day a warrant was sworn out for Hansen’s arrest, charging him with robbery in violation of A.R.S. §§ 13-641 and 13-643.

Defendant was ultimately apprehended, and on August 15, 1967, a preliminary hearing on the robbery charge was held in the Glendale Justice Court. Hansen was represented during these proceedings by an attorney of the Maricopa County Public Defender’s Office. The State offered incriminating testimony, but the defense presented no case. A court reporter was present at the preliminary hearing, but no transcript of the proceedings was ever made a part of the case record.

After the hearing, defendant was bound over to the Superior Court, and on August 23, 1967, a written information was filed accusing Hansen of robbery. Hansen, then represented by another deputy public defender, was arraigned a week later, and pled not guilty to the charge. In discussing the circumstances of the case with Hansen, defendant’s attorney apparently felt that the State would not be able 'to prove all the elements of a robbery offense, but that some other charge might be provable. The State’s analysis of the case was similar, for on October 10, 1967, the in-' formation was amended to charge Hansen with grand theft, A.R.S. §§ 13-661 and 13-663.

Arraignment on the amended complaint was held on October 10, 1967. After an extensive interrogation of defendant by the trial judge, the court accepted defendant’s plea of guilty to grand theft. Sentencing was set for November 6, 1967, at which time defendant was sentenced to a period of incarceration at the state prison of not less than 7 nor more than 10 years. Defendant’s subsequent motion to file a delayed appeal was eventually granted by this Court

Defendant’s appeal is based entirely on his total impairment of hearing. He contends that (1) he never completely understood the nature and consequences of his guilty plea and that therefore his plea was not entered knowingly, voluntarily and intelligently as required by the 14th amendment to the U.S. Constitution, and (2) that he never understood the adverse testimony offered by the State’s witnesses at the preliminary hearing, and was therefore unable to assist in his own defense. In order to facilitate defendant’s motion for a delayed appeal, we ordered the Superior Court to hold a hearing concerning the above issues. The transcript of that hearing, as well as the transcript of the proceedings concerning defendant’s arraignment and plea of guilty, are our primary sources for the consideration of defendant’s contentions on appeal.

At the time defendant entered his plea of guilty, defense counsel made known to the trial court that defendant was deaf and had a difficult time understanding. Hansen was fairly adept at reading lips. Prior to the Court’s acceptance of the guilty plea, the following transpired:

“BY MR. FRANCONE (Deputy Public Defender): Mr. Hanson (sic) has indicated to me at this time that he would like to plead guilty to the amended information charging grand theft.
It that right Mr. Hanson (sic) ?
MR. HANSON: • (sic) Yes, sir.
*370 THE COURT: Do you understand what the attorney says?
MR. HANSON: (sic) He told me that before what would happen.
THE COURT: You are Lyle Hanson (sic) ? You are Lyle Hanson (sic) ?
You can’t hear me at all ? Can’t you hear me?
MR. HANSON: (sic) No. I can read your lips sometimes, but not all of the time.
Q. BY THE COURT: What is your name?
A. My name is Lyle Hanson. (Sic)
Q. How old are you?
A. 43.
Q. How far did you go in school?
A. How what?
Q. How far did you go in school?
A. I went to high school. I went to high school, regular high school.
. Q. Do you understand by the amended information that you are charged with the crime of grand theft?
A. What?
Q. Do you understand that you are charged with the crime of grand theft
A. Yes, sir.
Q. That it is a felony?
A. Yes, sir.
• Q. Is it your desire to plead guilty to this crime?
A. What?
Q. Is is your desire to enter a plea of guilty to this crime?
A. I want to plead guilty? That is what you said ?
Q. Yes.
A. Yes, sir.
Q. You understand what may happen as a result of this plea?
A. Do I understand what will happen?
Q. Yes. What might happen as a result of this plea.
A. Yes, sir. Yes, sir.
Q. Do you understand that the Court-could send you to the Arizona State Prison for up to ten years on this matter?
A. Do I understand?
Q. Do you understand that the Court could sentence you to the Arizona State Prison for up to ten years?
A. Do I understand I am liable to get ten years?
Q. I said the Court could.
A. Yes, sir.
Q. Do you understand-that?
A. Yes, sir.
Q. Also, that the Court could place you on probation ?
A. What?
. Q. That the Court could place you on probation ?
A. Probation ?
Q. The Court would investigate it, and could sentence you to prison or place you on probation, do you understand that?
A. Well, the way I understand I can tell the probation officer everything about what happened, is that right?
Q. Yes.
A. Yes, sir.
Q. Are you entering this plea of your own free will?
A. Just of my own free will?
Q. Yes.
A.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Toulouse
594 P.2d 529 (Arizona Supreme Court, 1979)
State v. Diaz
588 P.2d 309 (Arizona Supreme Court, 1978)
State v. Pena
541 P.2d 406 (Court of Appeals of Arizona, 1975)
State v. Miller
518 P.2d 127 (Arizona Supreme Court, 1974)
In Re the Appeal in Maricopa County, Juvenile Action No. J—72804
504 P.2d 501 (Court of Appeals of Arizona, 1972)
People v. Rizer
484 P.2d 1367 (California Supreme Court, 1971)
State v. Mendoza
481 P.2d 844 (Arizona Supreme Court, 1971)

Cite This Page — Counsel Stack

Bluebook (online)
464 P.2d 960, 105 Ariz. 368, 1970 Ariz. LEXIS 269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hansen-ariz-1970.