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State v. Leuck
Citations: 481 P.2d 842; 107 Ariz. 49; 1971 Ariz. LEXIS 227Docket: 10282-PR
Court: Arizona Supreme Court; March 10, 1971; Arizona; State Supreme Court
Michael Duane Leuck was sentenced on August 12, 1969, to serve four to eight years in prison for possession of marijuana after entering a guilty plea. He appealed the conviction, initially receiving a reversal from the Court of Appeals due to a failure to comply with the Boykin v. Alabama standards. However, the court later vacated this order, citing that Boykin error could not be addressed on appeal without a prior motion to vacate the guilty plea in the trial court. On July 31, 1969, Leuck and co-defendant Vincent Daniel Midey appeared in court to amend the charge from felony possession to an open-end misdemeanor charge. During the hearing, both defendants affirmed their understanding of the plea, the potential sentences, and confirmed their voluntary entry of the plea without any inducements or threats. The trial court confirmed that Leuck was adequately informed about waiving his rights to a jury trial and cross-examination. Leuck's appeal raised concerns regarding the voluntariness of his plea and the assertion that the sentence was excessive. The court noted that Leuck had competent legal representation and that the plea was part of a bargain allowing the court discretion to treat the offense as either a felony or misdemeanor. The plea bargain did not constitute promises or threats regarding the eventual sentence. A guilty plea is deemed intelligent and voluntary, regardless of being part of a plea bargain, as established in case law (State v. Linsner, State v. Wheatley, Kercheval v. United States). The defendant claims that if the plea is valid, the sentence is excessively harsh and seeks a reduction, arguing that a lengthy prison term does not benefit either him or society. The defendant was arrested with various drug-related items, including marijuana and paraphernalia, and was already on probation for a federal offense, with a history of heroin-related hospitalization and poor work and arrest records. The court emphasizes it cannot predict the benefits of incarceration for the defendant and refrains from questioning the legislative decision against marijuana possession. The court affirms the trial court's sentencing discretion as long as it remains within statutory limits, without evidence of abuse. The Court of Appeals' prior opinion is vacated, and the trial court's judgment and sentence are upheld.