[DOWNLOAD] "State v. Lee" by Arizona Supreme Court No. 3222 # Book PDF Kindle ePub Free
eBook details
- Title: State v. Lee
- Author : Arizona Supreme Court No. 3222
- Release Date : January 16, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 46 KB
Description
Charles Lee, Jr., was indicted for the crime of armed robbery. A.R.S. ç 13-641; ç 13-643. On the morning that the trial was to commence, the judge granted the state's motion to add the allegation of a prior conviction and ruled that certain statements of Lee were voluntary and admissible. That afternoon, defense counsel indicated to the court that Lee wished to plead guilty to the charge. While the trial judge was aware that as a part of this plea, the state agreed not to proceed with the allegation of a prior conviction, the knowledge of the court is demonstrated only by the transcript of the proceedings; there was no written plea agreement filed. After extensive questioning, the court accepted the plea of guilty July 29, 1974. Thereafter, Lee filed a motion for a change of plea in propria persona. He had been erroneously advised by an inmate of the county jail that he had 20 days in which to change his mind about pleading guilty. Hearings were held on September 13 and September 30, 1974. Lee contended that he was ""tricked"" by his attorney, the public defender, into thinking that he would get less of a jail term if he pled guilty. It became apparent that counsel had tried to explain to Lee that Lee would get a shorter sentence because the allegation of a prior conviction would be dropped. Lee also told the court that he had not been properly advised of his constitutional rights, but remembered the judge asking him the same questions that the judge was then asking him concerning the rights that he would waive upon a plea of guilty.