State v. Rojas

443 P.2d 427, 103 Ariz. 431, 1968 Ariz. LEXIS 287
CourtArizona Supreme Court
DecidedJuly 11, 1968
DocketNo. 1758
StatusPublished
Cited by1 cases

This text of 443 P.2d 427 (State v. Rojas) 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. Rojas, 443 P.2d 427, 103 Ariz. 431, 1968 Ariz. LEXIS 287 (Ark. 1968).

Opinion

UDALL, Vice Chief Justice:

This is an appeal by the appellant-defendant from a judgment of conviction, and the sentence thereon, for the crime of murder in the second degree.

An information was filed against the .defendant in the Superior Court of the .County of Maricopa, State of Arizona, on June 16, 1966 charging him with the crime of murder. Arraignment was held on the 29th of June, 1966 at which time defendant was represented by counsel and entered a plea of not guilty.

The record shows that on August 19, 1966 the defendant was present in court with counsel when a motion was made by the County Attorney to permit defendant to withdraw his plea of not guilty to the charge of murder, which motion was granted. Thereupon the defendant was per•mitted to enter a plea of guilty to an amended information charging him with murder (second degree).

On September 26, 1966 defendant was sentenced by the court to serve a term of not less than forty years to life imprisonment in the Arizona State Penitentiary at Florence, Arizona, commencing January 2, 1966.

The facts and circumstances surrounding the commission of the alleged crime are as follows: At approximately 9:30 a. m. on January 2, 1966, the defendant stabbed Olga Figueroa with a ten-inch butcher knife while at her residence in Phoenix, Arizona, from which wound the victim died on January 10, 1966'. Minnie Montoya, an eye witness to the incident, testified at the preliminary hearing and, after identifying the defendant as the assailant, stated that defendant and the victim were in the victim’s living room when defendant got up and went into the kitchen and procured a large knife. Her testimony is as follows:

Q “Were the three of you together there in the room?
A “In the living room, that’s right.
Q “What happened when he got the knife ?
A- “Then he went toward Olga and tried to hit her in the front, and then she turned around. That’s when he hit her.
Q “What do you mean, he hit her?
A “Well, he stabbed her in the back.
Q “With the knife?
A “That’s right.
Q “Did he say anything to her after he came out of the kitchen ?
A “No, he didn’t, until he was on the sofa and he said, ‘I’m going to kill you.’
Q “He said that to Olga?
A “That’s right.”

The first officer who arrived at the scene of the stabbing was Police Patrolman McKnight. His testimony given at the preliminary hearing, reads in part as follows:

Q “What did you do when you arrived?
A “I was answering a family fight call.
There was a—
Q “No, not the call, officer. When you arrived at the scene, what did you do ?
A “When I arrived at the scene, I went into the house and asked what had happened. A person, I don’t recall who, said that a woman had been stabbed. And at that time I asked who had been stabbed and this woman who was sitting in a chair just to the right of the entrance to the living room — I walked over to her and ascertained that she had been stabbed. She did have a small amount of bleeding on her back.
Q “What did you do next, officer?
A “She was crying. I tried to quiet her down a little bit and find out what had happened. I asked her what had happened and she said that she had been stabbed.
[433]*433Q “O.K. Whatnext?
A “I asked her who had stabbed her and she pointed to her right and said, ‘He did.5 (pointing at defendant)
Q “What happened next?
A “I turned around and faced this person who was standing against the wall to her right and he started grinning and said, ‘Yes, I stabbed her, and I’d do it again if I had to.5 And at that time I placed Mr. Rojas under arrest.55

The record did not disclose that there was any serious quarrel nor any threats by any one of those present before the defendant committed the violent act of stabbing the victim.

The defendant first contends that although he was represented by counsel he was not fully advised of the gravity of the charge of second degree murder to which he plead guilty. He argues that the court erred in not making a searching inquiry into the facts surrounding the commission of the offense, and he now asserts that he did not voluntarily, intelligently and knowingly, enter a plea of guilty to the charge set out in the amended complaint.

The minutes of the court that were made on that date, August 19, 1966, read as follows:

“Defendant withdraws his former plea of not guilty as entered heretofore and now enters his plea of guilty to the amended information, charging murder (second degree) a felony. Defendant is questioned in detail as to entering a plea of guilty and advised as to the consequences of entering a plea of guilty. The defendant states that he understands. The court finds that the defendant voluntarily, knowingly and intelligently entered his plea of guilty to the amended information.55

Rule 182 of the Rules of Criminal Procedure, 17 A.R.S., reads as follows:

“When the defendant is not represented by counsel the court shall not accept a plea of guilty until it has explained to the defendant the consequences of such plea, but a failure of the court to explain the consequences of the plea shall not affect the validity of any proceedings in the action.55

Thus, the court, while not required to do so under Rule 182, did question the defendant in detail regarding his entering a plea of guilty to the charge of murder in the (second degree), and advised him of the consequences of entering a plea of guilty. The court was reassured in the matter by defendant’s statement that he understood what was happening.

In view of the nature of the evidence against the defendant it would appear that his appointed counsel served him well, by bargaining with the State’s attorney to reduce the charge from first degree to second degree murder. It is clear from the record that defendant was advised of the nature and consequences of a plea of guilty and that the court had substantial evidence to support its ruling that defendant acted voluntarily, knowingly and intelligently at the time he entered his plea of guilty to the lesser offense. See State v. Kruchten, 101 Ariz. 186, 417 P.2d 510; State v. Stewart, 3 Ariz.App. 178, 412 P.2d 860.

The defendant next contends that it was error not to hold a hearing pursuant to defendant’s motion for an examination of his mental condition under Rule 250 of the Arizona Rules of Criminal Procedure. In response to defendant’s motion for a hearing under Rule 250, the court appointed two disinterested qualified experts, Dr. Thomas F. Kruchek and Dr. Samuel Wick, to examine the defendant with regard to his present mental condition and to testify at a hearing.

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Related

State v. Landrum
544 P.2d 664 (Arizona Supreme Court, 1976)

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Bluebook (online)
443 P.2d 427, 103 Ariz. 431, 1968 Ariz. LEXIS 287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rojas-ariz-1968.