[Download] "State v. Hershberger" by Arizona Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: State v. Hershberger
- Author : Arizona Court of Appeals
- Release Date : January 15, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Opinion KLEINSCHMIDT, Judge The Defendant, Matthew Dean Hershberger, challenges the summary dismissal of his Petition for
Post-Conviction Relief. He asks this Court to set aside his plea and sentence. For the reasons discussed below, we grant review
and grant relief. The Defendant was originally charged with two felonies, indecent exposure and resisting arrest. He signed a plea agreement
which called for him to plead guilty to indecent exposure, a misdemeanor. The Defendant waived a preliminary hearing and entered
a plea of guilty. No transcript of the proceeding at which this was done was made a part of the record. The minute entries,
however, show that the Judge advised the Defendant of the range of possible sentences. The trial Judge also told the Defendant
that probation was available and advised him of other conditions imposed by statute, including special requirements for probation.
The Judge informed the Defendant of his constitutional rights and determined that the Defendant knowingly, intelligently and
voluntarily waived those rights. We assume that the Defendant admitted facts which established his guilt. The Judge deferred
acceptance of the plea until the time of sentencing.