This is an appeal from a judgment of guilt after a plea of guilty to the crime of molestation of a child, § 13-653 A.R.S. Defendant was sentenced to the Arizona State Prison for a term of not less than five nor more than twenty years.
We are called upon to determine whether the plea of guilty was voluntarily, intelligently, and knowingly made.
The facts necessary for a determination of the matter on appeal are as follows. After a preliminary hearing, a two count information was filed on 5 August 1969 charging defendant as follows: Count I, Molestation of Child, § 13-653 A.R.S.; Count II, Lewd and Lascivious Acts, § 13-652 A.R.S.
After entering pleas of not guilty as to both counts, the defendant on 8 September 1969 indicated he wished to change his plea:
The court then interrogated the defendant further to determine whether the plea was knowingly, intelligently, and voluntarily made. See Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969); State v. Griswold, 105 Ariz. 1, 457 P.2d 331 (1969).
On acceptance of the plea by the court, the Deputy County Attorney moved to dismiss Count II of the original information, charging the defendant with the crime of lewd and lascivious acts which motion was granted. The matter was set for sentencing and after a hearing in mitigation at which time the court further inquired as to the factual basis for the plea, the defendant was sentenced to the Arizona State Prison for a term of not less than five years nor more than twenty years.
Defendant was informed of his right to appeal and when he indicated he wished to take advantage of this right, counsel was appointed to represent him on appeal.
WAS THE PLEA PROPERLY ACCEPTED?
The defendant contends that the record does not show that he was advised of the consequences of his plea as required by Boykin v. Alabama, supra.
This court, in State v. Reynolds, 106 Ariz. 47, 470 P.2d 454 (1970), considered the requirement of Boykin that for a plea to be valid the record must show that it was voluntarily and intelligently made with an understanding of the nature of the charges and the consequences of the plea. We did not require the court to go further:
The defendant contends that the trial court erred in failing to tell him that
If we assume that when the court stated that there was "no possibility of parole until the minimum sentence was served" he was referring to the "minimum sentence" of one year as provided in the statute, then we do not see how defendant was misled because that is exactly what the statute states. If we assume on the other hand, that when the trial judge advised the defendant that there was no possibility of parole until the minimum sentence had been served, he was referring to the minimum stated in the sentence of the court, in this case five years, then we can find no prejudice to the defendant. Defendant may have been misled as to the absolute time he must serve before possibility of parole, but he was not prejudiced in that he could, with good time deduction, obtain his release before the five year court minimum. Also, a presumption exists that when a defendant who is represented by counsel changes his plea at trial from not guilty to guilty as a result of plea bargaining, he does so with full knowledge of the facts and consequences thereof. State v. Martinez, 102 Ariz. 215, 427 P.2d 533 (1967).
HAYS, V.C.J., and UDALL, J., concur.