State v. Warner

229 N.W.2d 776, 1975 Iowa Sup. LEXIS 1120
CourtSupreme Court of Iowa
DecidedMay 21, 1975
Docket57427
StatusPublished
Cited by34 cases

This text of 229 N.W.2d 776 (State v. Warner) 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. Warner, 229 N.W.2d 776, 1975 Iowa Sup. LEXIS 1120 (iowa 1975).

Opinions

MASON, Justice.

November 5, 1973, a county attorney’s information was filed in the Scott district court charging Wayne Lee Warner with attempting to break and enter a storage and transfer company in which goods, merchandise and valuable things were kept for use, sale or deposit with intent to commit a public offense, to wit: larceny, in violation of section 708.10, The Code.

In all proceedings in the trial court defendant was represented by the same counsel. November 20, following arraignment, defendant entered a plea of not guilty. March 27, 1974, defendant’s motion for leave to withdraw his plea of not guilty was granted and defendant personally tendered a plea of guilty to the offense charged in the information.

Before accepting the plea the court proceeded to question defendant personally for the purpose of determining if defendant’s plea was a voluntary and intelligent plea such as would provide the basis for conviction and support a judgment and sentence and for the purpose of satisfying it that there was a factual basis for such plea, following the guidelines set forth in State v. Sisco, 169 N.W.2d 542, 547-549 (Iowa 1969). The case was continued for sentencing until a presentence investigation requested by the court had been made available. April 26 defendant was sentenced to the Men’s Reformatory for not to exceed five years.

Defendant appeals from the judgment imposing sentence challenging the voluntar-iness of the plea as well as the trial court’s imposition of the maximum sentence.

I. Defendant insists the trial court’s failure to inquire of the prosecutor or the defense lawyer as to the existence or nonexistence of a plea agreement requires a reversal.

After explaining in detail the charge to defendant the court proceeded:

“THE COURT: When you enter a plea of guilty you waive your right to a jury trial and you relieve the State of their burden of proving you guilty at that jury trial beyond a reasonable doubt of this particular offense, Attempting to Break and Enter. Do you understand that?

“THE DEFENDANT: Yes.

“THE COURT: You waive your right to cross-examine the witnesses who would testify as to the facts that I have just read to you.

“THE COURT: And you do understand that there is a jury now in another courtroom ready to try your case if that’s your desire?

[778]*778“THE DEFENDANT: Yes.

“THE COURT: Now the penalty involved in this offense could be five years in the penitentiary or a three hundred dollar fine and one year in the county jail. Do you understand that?

“THE COURT: Have any threats or promises been made to you in regard to making your plea at this time?

“THE DEFENDANT: No.

“THE COURT: Now, I am aware there is another charge of possession of burglary tools against you. You are aware of that as well, is that right?

“THE COURT: Have any promises been made to you in regard to what would be the disposition of that other case?

“THE COURT: No? You do understand that what sentence is imposed in this case is up to the Judge? Whatever Mr. Kelly [defendant’s counsel] may have told you his idea would be of the sentence or, in fact, what the County Attorney may have told you as to how he felt about sentencing it is really up to the Court to decide based upon a presentence investigation. You understand that?

“THE DEFENDANT: Yes. '

“THE COURT: Now, Mr. Warner, bearing in mind what I have told you and also bearing in mind that I don’t want you to enter a plea of guilty to this charge if in fact you believe you are not guilty to the charge, how do you plead to a violation of Section 708.10, Attempted Breaking and Entering, guilty or not guilty?

“THE DEFENDANT: Guilty.”

As stated, defendant’s attack on the vol-untariness of his guilty plea is predicated on the trial court’s failure to inquire of the prosecuting attorney and of the defense counsel whether defendant’s tendered plea of guilty was the result of prior plea discussion and a plea agreement, and, if it was, what agreement had been reached. In Sis-co this court adopted certain specified Minimum Standards of the American Bar Association for Criminal Justice, Pleas of Guilty. Among those adopted was standard 1.5 which provides:

“1.5 Determining voluntariness of plea.

“The court should not accept a plea of guilty or nolo contendere without first determining that the plea is voluntary. By inquiry of the prosecuting attorney and defense counsel, the court should determine whether the tendered plea is the result of prior plea discussions and a plea agreement, and, if it is, what agreement has been reached. If the prosecuting attorney has agreed to seek charge or sentence concessions which must be approved by the court, the court must advise the defendant personally that the recommendations of the prosecuting attorney are not binding on the court. The court should then address the defendant personally and determine whether any other promises or any force or threats were used to obtain the plea.”

In Brainard v. State, 222 N.W.2d 711, 721-723 (Iowa 1974), this court detailed some recommended procedures for conducting a guilty plea proceeding. The outline of areas of appropriate inquiry in such proceeding included questions to be asked the prosecuting attorney and defense counsel: “(1) if the plea is a result of prior plea discussions and a plea agreement; (2) if it is, what agreement has been reached.” The opinion also suggests that in making inquiry of defendant he be asked: “(1) if any threats or promises have, been made to induce him to plead guilty; (2) if he believes there is any understanding or if any predictions have been made to him concerning the sentence he will receive (advise him the court is not bound by such understanding or predictions).”

It must be conceded the court made no inquiries of the prosecutor or of defense counsel at either the plea stage or the sentencing stage as to the possible existence of [779]*779any previous plea bargaining. A somewhat similar contention to that made here was unsuccessfully urged as a basis for reversal in State v. Zacek, 190 N.W.2d 415, 416-417 (Iowa 1971); State v. Reppert, 215 N.W.2d 302, 308 (Iowa 1974); and State v. Hansen, 221 N.W.2d 274, 277 (Iowa 1974), which are cited by the pajties. However, in Zacek defendant did not at any point maintain there was any agreement to seek sentence concessions which required court approval. In Reppert defendant did not contend there was any evidence or indication his tendered plea was a result of improper plea bargaining. The contention was first made in an affidavit filed more than two years after pronouncement of sentence. In Hansen defendant asserted his guilty plea “might have been induced by promises or coercion.” The contention was first urged five months after pronouncement of sentence. However, Hansen did not raise the issue of the trial court’s failure to determine by inquiry of the county attorney and defense counsel whether the tendered plea was a result of prior plea discussions.

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

Related

Kenneth Lee Doss v. State of Iowa
Supreme Court of Iowa, 2021
State of Iowa v. Jessey Shane Pritchett
Court of Appeals of Iowa, 2018
State v. Hallock
765 N.W.2d 598 (Court of Appeals of Iowa, 2009)
State v. Kukowski
704 N.W.2d 687 (Supreme Court of Iowa, 2005)
State v. Carney
584 N.W.2d 907 (Supreme Court of Iowa, 1998)
Mott v. State
407 N.W.2d 581 (Supreme Court of Iowa, 1987)
Saadiq v. State
387 N.W.2d 315 (Supreme Court of Iowa, 1986)
State v. Morrison
323 N.W.2d 254 (Supreme Court of Iowa, 1982)
State v. Fink
320 N.W.2d 632 (Court of Appeals of Iowa, 1982)
United Properties, Inc. v. Walsmith
312 N.W.2d 66 (Court of Appeals of Iowa, 1981)
State v. Hildebrand
280 N.W.2d 393 (Supreme Court of Iowa, 1979)
State v. Wright
274 N.W.2d 307 (Supreme Court of Iowa, 1979)
State v. Reaves
254 N.W.2d 488 (Supreme Court of Iowa, 1977)
State v. Grgurich
253 N.W.2d 605 (Supreme Court of Iowa, 1977)
State v. Brewer
247 N.W.2d 205 (Supreme Court of Iowa, 1976)
State v. Noonan
246 N.W.2d 236 (Supreme Court of Iowa, 1976)
Wallace v. State
245 N.W.2d 325 (Supreme Court of Iowa, 1976)
State v. Rhodes
243 N.W.2d 544 (Supreme Court of Iowa, 1976)
State v. Smith
242 N.W.2d 320 (Supreme Court of Iowa, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
229 N.W.2d 776, 1975 Iowa Sup. LEXIS 1120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-warner-iowa-1975.