(Download) "Robert D. Sparrow v. State Idaho" by Supreme Court of Idaho No. 13247 ~ Book PDF Kindle ePub Free
eBook details
- Title: Robert D. Sparrow v. State Idaho
- Author : Supreme Court of Idaho No. 13247
- Release Date : January 19, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
This is an appeal from the dismissal of appellant Sparrow's petition for post conviction relief. Sparrow was arrested for embezzling a check entrusted to his care. An information was filed charging him with embezzlement, a felony, pursuant to I.C. § 18-2406. Sparrow pleaded guilty to the reduced charge of embezzlement, a misdemeanor. He now argues that he was not adequately informed of the intent element of the crime, and that acceptance of the plea was error, particularly in view of the fact that he denied any intent to commit the crime. In order for a guilty plea to be voluntary, a defendant must be informed of the intent elements requisite to the charged offense. Henderson v. Morgan, 426 U.S. 637, 96 S.Ct. 2253, 49 L.Ed.2d 108 (1976); State v. Bradley, 98 Idaho 918, 575 P.2d 1306 (1978). In State v. Bradley, supra, we held that this requirement was satisfied where the information containing a reference to the necessary element of intent was read to the defendant, and there was no showing that the defendant was not conversant with the English language or that he lacked normal intelligence and education. Cf. State v. Birrueta, 98 Idaho 631, 570 P.2d 868 (1977) (guilty plea by non-English speaking defendant not voluntary).
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