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Raley v. State

Evidence that defendant understood the charges against him, filled out a pre-printed form and orally answered 31 questions about his waiver of rights and pled guilty despite being informed that the court rejected the negotiated plea indicated that his guilty plea was voluntary.

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Michael Raley pled guilty to aggravated assault and possession of a weapon by a convicted felon. The trial court rejected the parties’ negotiated plea of 12 years to serve five, and after Raley affirmed he did not want to withdraw his plea, the court sentenced him to 15 years to serve seven. Raley contends that the trial court erred in denying his motion to set aside his guilty plea on the ground that he was not sufficiently informed of the rights he was giving up, and in denying his motion for a new trial on the ground his counsel was ineffective. We affirm.

1. Raley argues his guilty plea should be set aside because the trial court did not comply with Uniform Superior Court Rule 33.8. This rule provides that, before accepting a guilty plea, a judge should determine that the defendant understands the nature of the charges; inform the defendant that he waives specified rights by pleading guilty; and inform the defendant of the terms of any negotiated plea, the maximum sentence, and any mandatory minimum sentence. The rule further provides that all of this information should be on the record.

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