State v. Bruntlett

(specially concurring) — Appellant asserts three alleged errors as a basis for a reversal of the trial court’s judgment.

I. The court erred in imposing the death penalty, rather than life imprisonment. The indictment specifically charges first-degree murder, under section 690.2, Code of 1946. Appellant, after being fully advised, entered a plea of guilty thereto. The penalty is death or life imprisonment, to be determined by the jury., if a trial, and by the court, upon a plea of guilty. Under such a plea no hearing is necessary as section 690.4, Code of 1946 is not applicable. State v.…