Opinion
No. 37610.
Filed November 27, 1970.
Criminal Law: Post Conviction: Guilty Plea. When following a plea of guilty in a criminal action and the institution of a post conviction action the court finds from the record of an in-court examination of the defendant that his plea was voluntary, was free from coercion, was fairly advised by his counsel, and that his counsel was effective, a subsequent contention that his plea was coerced and his counsel ineffective will not be entertained.
Appeal from the district court for Douglas County: LAWRENCE C. KRELL, Judge. Affirmed.
Robert Dewaine Sargent, pro se.
Clarence A. H. Meyer, Attorney General, and Harold Mosher, for appellee.
Heard before WHITE, C. J., CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ.
This is an action brought under the Post Conviction Act. Defendant was charged with murder in the first degree as a result of the death of his former wife. After pleading guilty to the charge, he was sentenced to life imprisonment. His present contention is that his counsel was ineffective and his plea of guilty coerced. Defendant was denied relief in the trial court and we affirm the judgment there entered.
The record discloses that defendant was at all times represented by the public defender. As a result of plea bargaining, the county attorney agreed to recommend that the defendant, in the event of a guilty plea, be given a sentence of life imprisonment rather than death. The agreement was adhered to. Defendant withdrew his plea of not guilty, was rearraigned, and entered a plea of guilty. The court, in a very painstaking manner, fully explained to 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 that defendant was in fact guilty. Defendant assured the court that his plea was voluntary, did not result from any coercive influence, that he had fully apprised his counsel of the facts of the case, had been fairly, soundly, and adequately advised, and was satisfied with the effectiveness of his counsel.
The record clearly demonstrates that defendant's present complaints are without foundation. The judgment of the district court is affirmed.
AFFIRMED.