State v. Reaves

254 N.W.2d 488, 1977 Iowa Sup. LEXIS 1051
CourtSupreme Court of Iowa
DecidedMay 25, 1977
Docket59065 and 59066
StatusPublished
Cited by57 cases

This text of 254 N.W.2d 488 (State v. Reaves) 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. Reaves, 254 N.W.2d 488, 1977 Iowa Sup. LEXIS 1051 (iowa 1977).

Opinions

HARRIS, Justice.

Defendant has brought separate appeals after entering pleas of guilty in two separate charges brought against him in Scott County. In cause # 17274 defendant was charged with the crime of breaking and entering in violation of § 708.8, The Code. He twice entered guilty pleas to the charge. After first entering a plea of guilty he was sentenced to a ten-year term at the men’s reformatory. Thereafter he was permitted to withdraw the guilty plea and enter a plea of not guilty. Thereafter he withdrew the plea of not guilty and again entered a plea of guilty. The second guilty plea proceeding is challenged in this appeal.

In a separate cause # 17919 defendant was charged with larceny of a motor vehicle in violation of § 321.82, The Code. He was allowed to enter a plea of guilty to the lesser-included offense of operating a motor vehicle without the owner’s consent in violation of § 321.76, The Code.

Defendant assigns the same propositions as grounds for reversal in both appeals. He claims: “The trial court erred in failing to inform the defendant that one of the essential elements of the crime of breaking and entering and of the crime of operating a motor vehicle without the owner’s consent is intent.”

The present question excepted, our review of the record discloses the trial court exhaustively complied with the suggestions contained in State v. Sisco, 169 N.W.2d 542 (Iowa 1969) and Brainard v. State, 222 N.W.2d 711 (Iowa 1974). In the proceeding in which defendant pleaded guilty to breaking and entering the record discloses the following:

“THE COURT: “* * * The essential elements of the charge to which you are pleading are as follows: that the occurrence took place on or about June 25, 1974; that it took place in Scott County, Iowa; and that you broke and entered the Five Cities Tool Company at 723 Schmidt Road. By break and enter, doesn’t mean you took a sledge hammer and broke in a window or door. If you simply opened the door without authority and went into the premises, this, in law, is breaking and entering. Do you understand?
[490]*490“MR. REAVES: Yes, I do.
“THE COURT: Do you understand that by pleading guilty you are admitting that you are, in fact, guilty of the crime of breaking and entering as charged against you in this case?
“MR. REAVES: Yes, I do.
“THE COURT: Did you commit the offense charged against you in this case?
“MR. REAVES: Yes.
“THE COURT: Will you tell me just briefly in your own words what you did?
“MR. REAVES: I went through the front door of Five Cities Tool Company and took out four large tool boxes.
“THE COURT: How did you get into the place?
“MR. REAVES: Through the front door.
“THE COURT: Did you open it or break it in?
“MR. REAVES: I opened it.
“THE COURT: Was it locked?
“MR. REAVES: Yes.
“THE COURT: And how did you open it?
“MR. REAVES: Pried it open.
“THE COURT: Then there is no question in your mind that you did break and enter this particular place of business and take from them the property you just mentioned?
“MR. REAVES: Yes.
“THE COURT: You did it?
“MR. REAVES: Yes.
“THE COURT: Mr. Metcalf, as defense counsel do you know of any reason why defendant should not plead guilty?
“MR. METCALF: I’ve considered this case very carefully, Your Honor, and I know of no reason why the defendant should not pleacT guilty.”

In the proceeding in which defendant pleaded guilty to operating a motor vehicle without owner’s consent the record discloses the following:

“THE COURT: Insofar as that included offense of operating a vehicle without the owner’s consent is concerned, you are now being charged actually with the crime of operating a motor vehicle without the owner’s consent, which is alleged, occurred as follows: that you did on or about the 17th day of June 1975 in Scott County, Iowa operate a motor vehicle without the owner’s consent. The essential elements of that crime are that the incident occurred on or about June 17, 1975 and that it occurred in Scott County, Iowa and that you operated or drove the car without the consent of the owner of the car.
“THE COURT: Do you understand that by pleading guilty you are admitting that you are in fact guilty of the. crime charged against you of operating a motor vehicle without the owner’s consent?
“MR. REAVES: Yes, I do.
“THE COURT: Did you commit the offense against you in this case?
“MR. REAVES: Yes.
“THE COURT: Just tell me briefly in your own words just what you did in this case.
“MR. REAVES: I was down on High Street and I turned the corner on Rocking-ham and was going east and there was a car in this tavern and I jumped in and took it.
“THE COURT: And this car was not owned by you, was it?
“MR. REAVES: No, sir.
“THE COURT: According to the minutes of testimony that you were presented with at your trial, the car belonged to a man by the name of Richard 0. Korte. Do you know him?
“MR. REAVES: No, I don’t.
“THE COURT: Did you have permission from him to use his car?
“MR. REAVES: No, sir.
“THE COURT: Did you have permission from anyone that you might think was the owner of it to take the car and drive it?
“MR. REAVES: No, sir.”

Of course intent is an essential and necessary element of the crime of [491]*491breaking and entering. State v. Berenger, 161 N.W.2d 798, 800 (Iowa 1968). It is equally clear intent is an essential element of the crime of operating a motor vehicle without consent. State v. Drummer, 254 Iowa 324, 330, 117 N.W.2d 505, 507-508 (1962).

It is clear defendant possessed in each case the required criminal intent. But it is less clear he understood intent was an element of each of the two crimes. The trial court omitted any specific reference to intent when listing the elements of the offenses. The question is whether, under these circumstances, the failure vitiated the guilty plea. Notwithstanding language in some of our prior opinions we now believe and hold it did not.

I. This case provides a graphic example of how even the most careful trial court can be charged with omitting some part of a guilty plea litany. Both guilty pleas were the result of a plea bargain. No questions are raised as to defendant’s awareness of the penal consequences of his pleas. It is not contended the pleas were involuntary or lacked a factual basis.

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

Related

State of Iowa v. Daniel Welchs Doyen
Court of Appeals of Iowa, 2025
State of Iowa v. Jason Gene Weitzel
Supreme Court of Iowa, 2017
State of Iowa v. Jason Gene Weitzel
Court of Appeals of Iowa, 2017
State of Iowa v. Craig Anthony Finney
834 N.W.2d 46 (Supreme Court of Iowa, 2013)
State v. Hook
623 N.W.2d 865 (Supreme Court of Iowa, 2001)
State v. White
587 N.W.2d 240 (Supreme Court of Iowa, 1998)
State v. Wahlert
379 N.W.2d 10 (Supreme Court of Iowa, 1985)
State v. Brown
376 N.W.2d 910 (Court of Appeals of Iowa, 1985)
State v. Everett
372 N.W.2d 235 (Supreme Court of Iowa, 1985)
State v. Klose
334 N.W.2d 647 (North Dakota Supreme Court, 1983)
State v. West
326 N.W.2d 316 (Supreme Court of Iowa, 1982)
State v. Allery
322 N.W.2d 228 (North Dakota Supreme Court, 1982)
State v. Hepper
316 N.W.2d 338 (North Dakota Supreme Court, 1982)
Thomas v. State
316 N.W.2d 182 (Court of Appeals of Iowa, 1981)
Fryer v. Scurr
309 N.W.2d 441 (Supreme Court of Iowa, 1981)
State v. Birch
306 N.W.2d 781 (Supreme Court of Iowa, 1981)
State v. McCormack
293 N.W.2d 209 (Supreme Court of Iowa, 1980)
State v. Hunt
293 N.W.2d 419 (North Dakota Supreme Court, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
254 N.W.2d 488, 1977 Iowa Sup. LEXIS 1051, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-reaves-iowa-1977.