State v. Montgomery

HAYS, Chief Justice.

Pursuant to a plea bargain, the defendant, James Montgomery, pleaded guilty to possession of heroin, and received a sentence of not less than five nor more than seven years, to run concurrently with the sentence which defendant was then serving in another case. His appeal raises only one issue — namely, whether the requirements of Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274, were met.

Defendant argues that the states must comply with the “spirit” of Federal Criminal Rule 11 and that the trial judge’s interrogation of the defendant fell short of that…