State v. Morales

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that when colloquy required by Rule 17.6 is not given, remand to determine prejudice is not required if record contains sufficient evidence of prior convictions
• holding that a remand was unnecessary because the certified copies of defendant’s prior convictions already in the record conclusively disproved prejudice resulting from the omission of a Rule 17.6 colloquy
• noting that defendant must show that he would not have admitted the fact of the prior conviction had the trial court conducted the proper colloquy
• noting that it would be pointless to remand for a hearing merely to have the defendant admit his convictions again
• stating that resentencing was unwarranted when prior conviction documents were admitted during a pretrial hearing and no one has challenged the authenticity of those documents
• finding that a failure to conduct a colloquy pursuant to Arizona Rule of Criminal Procedure 17.6 constitutes fundamental error because “a waiver of constitutional rights must be voluntary and intelligent”

Source: CourtListener parenthetical corpus (CC0).

Cited by

13 cases in this archive cite this case.

• State v. Joyner
  Court of Appeals of Arizona· 2007-05-31· cited 30×
• State v. Smith
  Arizona Supreme Court· 2008-10-30· cited 27×
• State v. McLemore
  Court of Appeals of Arizona· 2012-11-30· cited 24×
• State v. Allen
  Arizona Supreme Court· 2009-12-08· cited 19×
• State v. Gonzales
  Court of Appeals of Arizona· 2013-12-19· cited 19×
• State v. Carter
  Court of Appeals of Arizona· 2007-08-23· cited 15×
• State v. Young
  Court of Appeals of Arizona· 2012-08-07· cited 12×
• State v. Innes
  Court of Appeals of Arizona· 2011-08-02· cited 6×
• State v. Osborn
  Court of Appeals of Arizona· 2009-02-24· cited 5×
• State of Arizona v. Rey David Villegas
  Court of Appeals of Arizona· 2012-08-07· cited 1×
• State v. Bunting
  Court of Appeals of Arizona· 2011-01-25
• State v. FRUSTAGLI
  Hawaii Intermediate Court of Appeals· 2008-07-23
• State v. Perez-Gutierrez
  Court of Appeals of Arizona· 2023-05-09

Cites

6 cases in this archive are cited by this case.

• Boykin v. Alabama
  Supreme Court· 1969-06-02· cited 12,640×
• United States v. Dominguez Benitez
  Supreme Court· 2004-06-14· cited 2,402×
• State v. Henderson
  Arizona Supreme Court· 2005-07-08· cited 1,009×
• State v. Lee
  Arizona Supreme Court· 1976-12-06· cited 53×
• Roland Wayne Wright v. Walter E. Craven, Warden
  Ninth Circuit· 1972-06-19· cited 39×
• State v. Hauss
  Arizona Supreme Court· 1984-05-03· cited 19×