Warner v. Morris

Utah Supreme Court

Warner v. Morris

709 P.2d 309, 1985 Utah LEXIS 925

CourtUtah Supreme Court

DecidedOctober 4, 1985

Docket20119

StatusPublished

Cited by12 cases

This text of 709 P.2d 309 (Warner v. Morris) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Warner v. Morris, 709 P.2d 309, 1985 Utah LEXIS 925 (Utah 1985).

Pincite

Opinion

MEMORANDUM OF DECISION

ZIMMERMAN, Justice:

Defendant James A. Warner pleaded guilty to aggravated robbery on June 15, 1981. He was sentenced to five years to life on the charge, with an additional five year consecutive sentence imposed for the use of a firearm in the commission of the events. This appeal is from a denial of his petition for a writ of habeas corpus in which he contended that his plea was not entered knowingly and voluntarily.

We find no merit to defendant’s claim. The trial judge followed the litany required by Utah Rules of Criminal Procedure 11(e), U.C.A., 1953, § 77-35-11 (1982 ed.), except that in his question and answer session with defendant, he did not ask specifically whether defendant was aware that he had a right against compulsory self-incrimination, as required by Rule 11(e)(3). Defendant argues that this omission rendered his pleas involuntary under Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). Although the letter of Rule 11 was not complied with, we find that the record as a whole affirmatively establishes that defendant entered his plea with full knowledge and understanding of its consequences and of the rights he was waiving, including his right against self-incrimination. Brady v. United States, 397 U.S. 742, 749, 90 S.Ct. 1463, 1469, 25 L.Ed.2d 747 (1970); North Carolina v. Alford, 400 U.S. 25, 37-38, 91 S.Ct. 160, 167-168, 27 L.Ed.2d 162 (1970); Combs v. Turner, 25 Utah 2d 397, 400-01, 483 P.2d 437, 439 (1971).

The decision of the district court is affirmed.

HALL, C.J., and HOWE, STEWART and DURHAM, JJ., concur.

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

MEMORANDUM OF DECISION

ZIMMERMAN, Justice:

Defendant James A. Warner pleaded guilty to aggravated robbery on June 15, 1981. He was sentenced to five years to life on the charge, with an additional five year consecutive sentence imposed for the use of a firearm in the commission of the events. This appeal is from a denial of his petition for a writ of habeas corpus in which he contended that his plea was not entered knowingly and voluntarily.

We find no merit to defendant’s claim. The trial judge followed the litany required by Utah Rules of Criminal Procedure 11(e), U.C.A., 1953, § 77-35-11 (1982 ed.), except that in his question and answer session with defendant, he did not ask specifically whether defendant was aware that he had a right against compulsory self-incrimination, as required by Rule 11(e)(3). Defendant argues that this omission rendered his pleas involuntary under Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). Although the letter of Rule 11 was not complied with, we find that the record as a whole affirmatively establishes that defendant entered his plea with full knowledge and understanding of its consequences and of the rights he was waiving, including his right against self-incrimination. Brady v. United States, 397 U.S. 742, 749, 90 S.Ct. 1463, 1469, 25 L.Ed.2d 747 (1970); North Carolina v. Alford, 400 U.S. 25, 37-38, 91 S.Ct. 160, 167-168, 27 L.Ed.2d 162 (1970); Combs v. Turner, 25 Utah 2d 397, 400-01, 483 P.2d 437, 439 (1971).

The decision of the district court is affirmed.

HALL, C.J., and HOWE, STEWART and DURHAM, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

709 P.2d 309, 1985 Utah LEXIS 925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warner-v-morris-utah-1985.

Opinion

Related

Cite This Page — Counsel Stack