State v. Heinen

McCORMICK, Justice.

The question in this appeal is whether a judge receiving a guilty plea from a defendant who asserts he was intoxicated at the time of the offense must ascertain the defendant’s awareness of his right at trial to interpose an intoxication defense. We hold such determination by the judge is not a prerequisite to a voluntary and intelligent guilty plea. We affirm the conviction and sentence in this case.

Defendant was originally charged with assault with intent to commit murder in violation of Code § 690.6. The charge was later changed to burglary with aggravation in violation…