Davis v. State
Davis v. State
Opinion
In November of 1976, the Grand Jury of Montgomery County returned two indictments against Herman Davis, the appellant. The first indictment charged Davis with the robbery of Santiago Saez and involved $59.00. This charge involved the robbery a "7-11 Store". A second indictment charged Davis with robbing Melvin Waldrop and involved a sum of $5.00.
Davis was denied treatment under the Youthful Offender Act on both charges, and he pled not guilty and not guilty by reason of insanity to each. Each case was set for trial on a different date.
On January 10, 1976, the date the first indictment was set for trial, Davis withdrew his pleas of not guilty and entered a plea of guilty to the Saez indictment. An "Ireland form"(Ireland v. State,
At arraignment, the second (Waldrop) indictment was set for January 24, 1977. Davis executed an "Ireland" form on this date. However, there is no colloquy reported. The only evidence we have as to what transpired at the hearing held on January 24, 1976, is contained in the "minute entry" which recites that:
". . . before accepting the defendant's plea of guilt the Court proceeded to *Page 846 ascertain that the plea of guilty was intelligently and voluntarily made and also that the defendant understood (1) the privilege against self incrimination, (2) the right to a trial by jury, (3) the right to be confronted by his accusers, (4) that he fully understood what the plea connoted, including the nature of the charge and acts sufficient to constitute the offense, and (5) the consequences of the plea, including the range of the sentence, and being satisfied that the foregoing was fully and intelligently understood by the defendant and that his plea of guilty was freely and voluntarily made, the Court proceeded with the hearing."
The trial court continued this case to January 31, 1977, "for sentencing and probation determination". This is identical to the minute entry for the hearing held on January 10th involving the Saez indictment.
At the sentencing and probation hearing held on January 31, 1977, the appellant was denied probation and was sentenced to ten years imprisonment in each case.
While the appellant contends that the minute entry is hearsay and merely a clerical function, it is well settled that the recitals in the judgment import absolute verity, unless contradicted by other portions of the record. Twyman v. State,
The record contains the standard "Ireland" form, executed by the appellant, witnessed by his attorney, and signed by the trial judge and the circuit clerk. In addition there is the minute entry evidencing the appellant's plea of guilty to the Waldrop indictment. We have previously referred to and quoted the pertinent portion of this entry.
In a plea of guilty proceeding the judge should undertake a factual inquiry to determine if the plea is voluntarily made with an understanding of the nature of the charge and the consequences of the plea, and the judge should be satisfied that there is a factual basis for the plea. Before Twyman v.State,
"That showing may be made by a recitation in the judgment entry and in such case, a verbatim colloquy recorded by a court reporter is not required."
Under the authorities of Twyman and Bland, the appellant is not entitled to a reversal because of the failure of the record to show the colloquy between the trial *Page 847 judge and the defendant before the court reporter where there is other evidence in the record, as here, showing the plea was intelligently and voluntarily entered.
From the record we are apprised of none of the facts surrounding the robbery of Melvin Waldrop. However, the minute entry recites that before accepting the guilty plea the trial judge determined the defendant fully understood:
"What the plea connoted, including the nature of the charge and acts sufficient to constitute the offense, . . ."
Under the authorities previously recited this is sufficient to demonstrate that the trial judge properly determined the existence of a factual basis for the robbery before accepting the guilty plea of the appellant to the Waldrop indictment.Twyman, supra; Bland, supra.
Both judgment entries indicate that the appellant fully understood the consequences of the pleas, "including the range of sentence". The Ireland forms informed the appellant of the range of punishment in each case of robbery. The appellant maintains that he did not waive his constitutional rights underBoykin v. Alabama,
This issue has been previously considered by this court inBradley v. State,
Title 45, Section 32, Code of Alabama 1940, provides that when a convict is sentenced to the penitentiary on two or more convictions, such sentences shall be served consecutively unless it is specifically ordered in the judgment entry that such sentences be served concurrently.
Under the authority of Bradley, supra, it is the opinion of this court that the argument of the appellant is without merit in this case.
We have examined the entire record as required and under the authorities cited above that record adequately sustains the guilty pleas as having been intelligently and voluntarily entered by the appellant.
AFFIRMED.
All Judges concur.
Reference
- Full Case Name
- Herman Davis v. State.
- Cited By
- 17 cases
- Status
- Published