State v. Wyatt

Court of Appeals of North Carolina

State v. Wyatt

192 S.E.2d 683, 16 N.C. App. 626, 1972 N.C. App. LEXIS 1782

CourtCourt of Appeals of North Carolina

DecidedNovember 22, 1972

Docket7224SC616

StatusPublished

Cited by1 cases

This text of 192 S.E.2d 683 (State v. Wyatt) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Wyatt, 192 S.E.2d 683, 16 N.C. App. 626, 1972 N.C. App. LEXIS 1782 (N.C. Ct. App. 1972).

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Opinion

PARKER, Judge.

Since defendant pled guilty this appeal presents only the question whether error appears on the face of the record proper. State v. Roberts, 279 N.C. 500, 183 S.E. 2d 647. None does. The court was properly organized; the bills of indictment were in all respects regular; before accepting defendant’s pleas the trial judge examined him and found that his pleas were freely, understandingly and voluntarily made; defendant’s signed transcript of plea supports these findings; and the sentences imposed were within statutory limits. The requirement of Boykin v. Alabama, 395 U.S. 238, 23 L.Ed. 2d 274, 89 S.Ct. 1709, *628 that the record affirmatively show that the guilty pleas were entered voluntarily and understanding^ was adequately met. Nothing in the record supports defendant’s present contention that he did not understand that he was pleading guilty to any felonies but thought he was pleading guilty only to misdemeanors. On the contrary, his signed transcript of plea discloses that he understood that upon his pleas of guilty he could be imprisoned for as long as twenty-one years.

Where, as here, the record supports the trial court’s findings that defendant entered his pleas of guilty voluntarily and with full knowledge of his rights and of the possible consequences of his pleas, the acceptance of the pleas will not be disturbed on appeal. State v. Jones, 278 N.C. 259, 179 S.E. 2d 433.

No error.

Judges Campbell and Morris concur.

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PARKER, Judge.

Since defendant pled guilty this appeal presents only the question whether error appears on the face of the record proper. State v. Roberts, 279 N.C. 500, 183 S.E. 2d 647. None does. The court was properly organized; the bills of indictment were in all respects regular; before accepting defendant’s pleas the trial judge examined him and found that his pleas were freely, understandingly and voluntarily made; defendant’s signed transcript of plea supports these findings; and the sentences imposed were within statutory limits. The requirement of Boykin v. Alabama, 395 U.S. 238, 23 L.Ed. 2d 274, 89 S.Ct. 1709, *628 that the record affirmatively show that the guilty pleas were entered voluntarily and understanding^ was adequately met. Nothing in the record supports defendant’s present contention that he did not understand that he was pleading guilty to any felonies but thought he was pleading guilty only to misdemeanors. On the contrary, his signed transcript of plea discloses that he understood that upon his pleas of guilty he could be imprisoned for as long as twenty-one years.

Where, as here, the record supports the trial court’s findings that defendant entered his pleas of guilty voluntarily and with full knowledge of his rights and of the possible consequences of his pleas, the acceptance of the pleas will not be disturbed on appeal. State v. Jones, 278 N.C. 259, 179 S.E. 2d 433.

No error.

Judges Campbell and Morris concur.

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Bluebook (online)

192 S.E.2d 683, 16 N.C. App. 626, 1972 N.C. App. LEXIS 1782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wyatt-ncctapp-1972.

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