Opinion

Brainard v. State

  • 222 N.W.2d 711
  • 1974 Iowa Sup. LEXIS 1128
Court
Supreme Court of Iowa
Filed
Oct 16, 1974
Status
Published
Author
Reynoldson
On the bench
Harris, LeGRAND, Mason, McCORMICK, Moore, Rawlings, Rees, Reynoldson, Uhlenhopp
Cited by
80 cases

noting the criteria are “a recommendation and not a mandate” and will hopefully “assist trial judges in conducting guilty plea proceedings”

How later courts described this case

  • noting the criteria are “a recommendation and not a mandate” and will hopefully “assist trial judges in conducting guilty plea proceedings”
  • decided subsequent to this guilty plea: “The trial judge through interrogation must establish that the defendant is aware of the possible maximum punishment, any mandatory minimum punishment, and any enhanced punishment for the offense charged, and he must insure the defendant understands he waives his constitutional trial rights by a guilty plea.”
  • finding defendant had no intent to permanently deprive owner of vehicle when he “neither intended to sell it nor to bring it back”
  • "A guilty plea is a grave and solemn act to be accepted only with care and discernment." (citation omitted)

Written by the judges who cited it.

The opinion

REYNOLDSON, Justice

(concurring specially).

I concur in the majority opinion except that portion of division IV — B indicating defendant’s statements raised a question whether he had the requisite intent for a charge of larceny of a motor vehicle. Defendant’s responses, in my opinion, were sufficient to show he had that intent. Nor do I concede, as the opinion intimates, that the crime of operating a motor vehicle without the owner’s consent is a lesser included offense in the crime of larceny of a motor vehicle.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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