Legal Opinion

State v. Morales

Arizona Supreme Court

Decided May 8, 2007No. CR-06-0374-PRPublishedCited by 30 opinions

1Opinion of the Court

OPINION

BALES, Justice.

¶ 1 Arizona Rule of Criminal Procedure 17.6 provides that “[wjhenever a prior conviction is charged, an admission thereto by the defendant shall be accepted only under the procedures of this rule, unless admitted by the defendant while testifying on the stand.” Rule 17 requires the judge to engage in a plea-type colloquy with the defendant to ensure that the admission is voluntary and intelligent. See Ariz. R.Crim. P. 17.2-.3. We hold that Rule 17.6 also requires such a colloquy when defense counsel stipulates to the existence of a prior conviction charged for purposes…

2Cases cited6 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. United States v. Dominguez BenitezSupreme Court of the United States · 2004
  3. State v. HendersonArizona Supreme Court · 2005
  4. State v. LeeArizona Supreme Court · 1976
  5. Roland Wayne Wright v. Walter E. Craven, WardenCourt of Appeals for the Ninth Circuit · 1972

1 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. State v. JoynerCourt of Appeals of Arizona · 2007
  2. State v. BakerCourt of Appeals of Arizona · 2007
  3. State v. McLemoreCourt of Appeals of Arizona · 2012
  4. State v. SmithArizona Supreme Court · 2008
  5. State v. CarterCourt of Appeals of Arizona · 2007

25 more not listed; retrieve them via the Exa API.

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