State v. Seats

Although I agree that the order dismissing the indictment should be reversed, I disagree that double punishment would be involved if the defendant is tried and convicted of aggravated assault. In my opinion the majority misunderstands the function and responsibility of the trial judge in accepting a plea of guilty or no contest.

Stated succinctly, it is the duty of the trial judge in accepting a plea of guilty or no contest to determine from a totality of facts that a basis for the plea exists but it is not to determine which facts, among alternatives, are the ones which are to be assigned to…