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State v. Bugbee

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eBook details

  • Title: State v. Bugbee
  • Author : Supreme Court of Connecticut
  • Release Date : January 05, 1971
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

On December 1, 1969, the defendant pleaded
guilty to a violation of 53-76 of the General
Statutes, breaking and entering with criminal
intent, and the case was continued by the court
for the purpose of a presentence investigation and
report. On February 9, 1970, the defendant, when
he appeared for sentencing, moved to withdraw
his plea of guilty and for an examination by a
physician to determine drug dependency. Both
motions were denied and a sentence of 180 days in
jail was imposed. The defendant was represented by
counsel of his own choice at all times during the
proceedings. He took an appeal to the Appellate
Division of the Circuit Court. The defendant
assigned error, inter alia, in that he was allowed
"to plead guilty to a charge of breaking and
entering with criminal intent, 53-76 General
Statutes, without an affirmative showing on
the record that the plea was offered
[161 Conn. 533]
voluntarily and understandingly and without
the court's canvassing this matter with the
defendant." Error was also assigned in the denial
of the defendant's motion to withdraw his plea of
guilty. Further error, not applicable here, was
also claimed by the defendant. The Appellate
Division of the Circuit Court found no error in
the judgment, proceedings and decisions of the
trial court. It held that the plea was voluntary
and made with the defendant's knowledge of its
consequence. This court granted the defendant
certification for appeal from that decision,
limited to the questions raised under Boykin v.
Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d
274, and State v. Brown, 157 Conn. 492,
255 A.2d 612.


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