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State v. Cleary2/7/2003
iry into his understanding of the underlying facts or the nature and consequences of his plea.
74. After reading the information in this case, the trial court suggested that, because of defendant's limitations, defense counsel should do the questioning at the plea hearing. The following colloquy, in its entirety, took place:
DEFENSE COUNSEL: Donald, I'm going to ask you a few questions. Alright. Do you understand what the charges are . . . pending against you?
DEFENDANT: Yes.
DEFENSE COUNSEL: Okay. And have you had an opportunity to review the affidavit of [the police detective ] that's attached to those two charges?
DEFENDANT: Yes.
DEFENSE COUNSEL: Now, did Tod Hill read that affidavit to you?
DEFENDANT: Yes.
DEFENSE COUNSEL: That was on Friday?
DEFENDANT: Yes.
DEFENSE COUNSEL: And do you understand what's in the affidavit of [the police detective ]?
DEFENDANT: Yes.
DEFENSE COUNSEL: Do you understand, Donald, that by entering guilty pleas today, there won't be any other proceedings other than the sentencing for you? Do you understand that?
DEFENDANT: I have had people tell me it's better to do this. So I'll do this.
DEFENSE COUNSEL: Do you understand that you have the right to have a trial in front of 12 people?
DEFENDANT: Yes.
DEFENSE COUNSEL: Do you understand that you have the right to testify at that trial?
DEFENDANT: Yes.
DEFENSE COUNSEL: And do you understand that you have the right for me to ask questions of PC, your mother, and other witnesses that the State would present?
DEFENDANT: Yes.
DEFENSE COUNSEL: Do you understand that by entering these guilty pleas this morning, you are going to give up the right to have that trial?
Defendant: Yes.
DEFENSE COUNSEL: Do you have any questions at this time?
DEFENDANT: Not that I can think of.
DEFENSE COUNSEL: Do you feel as though - well, do you feel well enough to go ahead this morning?
DEFENDANT: I'm just doing what people tell me to.
DEFENSE COUNSEL: Well, we need to know if this is what you want to do.
DEFENDANT: I want to get it over with.
DEFENSE COUNSEL: Well, do you want to get it over with? Do you want to give up your right to your trial?
DEFENDANT: Yes.
DEFENSE COUNSEL: Do you understand what's involved with the plea agreement? Have you had - You and I have gone over this plea agreement?
DEFENDANT: Yes.
DEFENSE COUNSEL: And do you feel as though you understand what the terms of the plea agreement are?
DEFENDANT: From what you told me I do.
DEFENSE COUNSEL: Do you understand that at your sentencing the Judge could sentence you up to ten years to serve and 20 years for a maximum?
DEFENDANT: Yes.
DEFENSE COUNSEL: Can you do me a favor, Donald, and at this time can you tell me what that ten years mean?
DEFENDANT: Minimum. Minimum and maximum. Minimum. And 20 is the maximum.
DEFENSE COUNSEL: Do you understand what this provision that we reserve the right to argue for less at sentencing?
DEFENDANT: What was the question?
DEFENSE COUNSEL: Do you understand what this - do you understand what it means for me to argue for less at sentencing?
DEFENDANT: Yeah. You said you could try to get it lower.
DEFENSE COUNSEL: That's right. Is anybody forcing you to enter into
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