State v. Williams

593 P.2d 896, 122 Ariz. 146, 1979 Ariz. LEXIS 256
CourtArizona Supreme Court
DecidedMarch 20, 1979
Docket4372
StatusPublished
Cited by43 cases

This text of 593 P.2d 896 (State v. Williams) 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. Williams, 593 P.2d 896, 122 Ariz. 146, 1979 Ariz. LEXIS 256 (Ark. 1979).

Opinions

STRUCKMEYER, Vice Chief Justice.

On October 31, 1977, appellant Curtis Williams was adjudged in violation of the terms and conditions of his probation and sentenced to Arizona State Prison. He raises these issues on appeal:

(1) Did the State violate its plea agreement with appellant?

(2) Did the trial court abuse its discretion when it denied appellant’s motion to withdraw his guilty plea?

(3) Was the Petition for Revocation of Probation fatally defective and violative of appellant’s rights to due process?

(4) Did the State present sufficient evidence to support the Petition for Revocation of Probation?

(5) Was appellant afforded effective assistance of counsel during the proceedings?

(6) Did the trial court violate appellant’s constitutional rights when he pled no contest to the first degree burglary charge?

(7) Was the trial court racially biased against defendant?

(8) Was appellant denied due process of law when denied access to a law library?

(9) Did the trial court abuse its discretion in denying appellant’s motion for a mental competency hearing?

Appellant and three codefendants were arrested in the early morning hours of July 18,1976, on charges of first degree burglary and grand theft. On October 3, 1976, while in county jail on these charges, appellant was involved in a scuffle with guards and struck an officer, for which he was charged with aggravated battery. He was also charged with two misdemeanors.

Appellant reached an understanding with the State which resulted in two separate plea agreements concerning all charges against him. The grand theft and misdemeanor charges were dismissed, and appellant agreed to plead no contest to the burglary charge and guilty to the aggravated [148]*148battery charge. The agreement on the burglary charge provided that any jail time would be limited to one year in Coconino County Jail. The second agreement provided that appellant would receive the same sentence for the battery conviction as for the burglary charge, and that the sentences would run concurrently.

On November 3, 1976, appellant received a two-year suspended sentence on the burglary charge, and as a condition of probation, one year in jail. He was sentenced pursuant to the plea agreement on the battery charge on November 15, 1976.

A petition to revoke appellant’s probation was filed on September 14, 1977, after he was arrested for aggravated assaults of his wife and mother-in-law. Appellant’s probation was revoked and he was given concurrent prison sentences of seven to nine years on the burglary conviction and four to five years on the battery conviction.

Appellant claims the State has breached the plea agreements by sentencing him to prison, pursuant to the probation revocation, after he served his time in Coconino County Jail. He claims that it was his understanding that the one year in jail was the final disposition of the case.

The Court of Appeals, in State v. Fuentes, 26 Ariz.App. 444, 549 P.2d 224, approved and adopted, 113 Ariz. 285, 551 P.2d 554 (1976), was faced with a similar situation. In the plea agreement reached in Fuentes, the State stipulated to a maximum prison sentence of two to three years. Appellant was placed on probation. When his probation was revoked, he received a sentence of eight to ten years in prison. In rejecting appellant’s contention that the State breached the plea agreement, the Court said:

“We recognize that under Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971), the state is bound by plea agreements which induce a plea of guilty. This principle also finds recognition in the provisions of Rule 17.4 e, Rules of Criminal Procedure, which specifically requires that the defendant be given an opportunity to withdraw his plea if the trial judge rejects the plea agreement or any of its provisions. With these principles in mind, we have reviewed the record, and there is nothing to indicate that the sentencing stipulation contained in the plea agreement was to apply to any post-revocation sentencing. This conclusion is further supported by the fact that at the time defendant was placed on probation, the trial court specifically advised the defendant that if he violated the terms of his probation he could be sentenced ‘in accordance with the law’, that is, to a term of up to ten years as outlined in the original plea agreement signed by the defendant. * * *” 26 Ariz.App. at 447, 549 P.2d at 227.

In the instant case, the plea agreement on the burglary charge provided:

“The Judge of the Superior Court * * will not be bound by any agreement between the State and the defendant as to what sentence the defendant shall receive, except: [t]he State agrees not to make any recommendation to sentence except that any confinement is to be served within the confines of the Coconino County Jail.”

At the sentencing hearing for the burglary charge held on November 3, 1976, appellant’s counsel and the prosecutor informed the court that they had reached an agreement on the disposition of all the charges pending against appellant, and stated that as a condition of probation, appellant would not be sentenced to a term of more than one year in county jail. The trial court then entered into the following discussion with appellant:

“THE COURT: Would you have Mr. Williams come forward, please.
Mr. Williams, you have been in the courtroom while Mr. Aspey was explaining your case and these other cases and the Court was making certain statements.
DEFENDANT WILLIAMS: Yes.
THE COURT: Was there anything said that is contrary to what you understand?
DEFENDANT WILLIAMS: All right.
[149]*149THE COURT: Is that—
DEFENDANT WILLIAMS: Yes, that’s it.
THE COURT: —as you understand it?
DEFENDANT WILLIAMS: Yes.
******
THE COURT: Mr. Williams, is there anything you want to say to the Court?
DEFENDANT WILLIAMS: No, your Honor.
THE COURT: Mr. Williams, I assume you know what probation is; namely, that if you violate any terms of probation that you could be then sentenced to prison for this charge. Do you understand that?
DEFENDANT WILLIAMS: Yes.
THE COURT: And you could be sent to prison, I believe, for up to ten years. Is that the first degree burglary?
[PROSECUTOR]: It would be up to 15.
THE COURT: Fifteen is the maximum. In other words, notwithstanding the plea agreement which calls for County Jail time, if you violate the terms of probation you could be sent to prison for this original charge. Do you understand?
DEFENDANT WILLIAMS: Yes.”

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Cite This Page — Counsel Stack

Bluebook (online)
593 P.2d 896, 122 Ariz. 146, 1979 Ariz. LEXIS 256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-williams-ariz-1979.