State v. Smith
State v. Smith
Opinion of the Court
This is an appeal from a plea of guilty by the defendant to a no-fund check charge under section 28-1212, R. ,S. Supp., 1969. The defendant contends: that his plea of guilty was not voluntary on his part; that it was not knowingly made by him; and that the court did not properly receive the plea of guilty without determining whether there Was an appropriate factual basis for it.
The arguments that the defendant makes in this: respect are affirmatively refuted by the record. The record reveals that the court, in a very painstaking manner, fully explained to the defendant the nature of his constitutional rights, the effect of a guilty plea, the nature of the punishment provided by law for the offense charged, and then ascertained on a factual basis, that the defendant was in fact guilty. See, State v. Sargent, ante p. 155, 181 N. W. 2d 449. Besides other references in the bill of exceptions, revealing the necessary standard inquiries on this subject, the evidence reveals the following particularly pertinent colloquy between the district judge and the defendant. It is as follows: “Q In fact, the limits, are not less than one year nor more than ten years, or imprisoned in the county jail not less than thirty days nor more than six months, or be fined not less than $50.00 nor more than $500.00; do you understand that those are the alternatives that I have, do you understand that? A Yes. Q You understand if you plead not guilty or if a not guilty plea is entered for. you, which I would do if you entered no plea at all, you would then have the right to a jury trial, do you understand that? A Yes. Q Do you understand what a jury trial is? A Yes, sir. * * * Q Do you understand that you’d have the right to a speedy public trial if you wanted one? A Yes. Q Do you understand that you’d have the right to compulsory process, and by compulsory process I mean the right to compel the State to issue orders to persons whom you would name, who would then be required to come into court to give testi
The record here, including what is above recited, conclusively establishes that the court’s acceptance of the plea was in due conformity with all pronouncements in State v. Sargent, supra; State v. Turner, ante p. 424, 183 N. W. 2d 763; and is in full conformity with, the requirements of Boykin v. Alabama, 395 U. S. 238, 89 S. Ct. 1709, 23 L. Ed. 2d 274. The record in the present case is more than sufficient to sustain the trial court in the acceptance of the plea of guilty and entering the judgment of conviction and sentence.
Affirmed.
Reference
- Full Case Name
- State of Nebraska v. Neal Smith
- Status
- Published