455 So. 2d 1014 | Ala. Crim. App. | 1984
In cases which the trial judge described as "somewhat bizarre or sensational", *1015
Tommy Joe McCurley was sentenced to two terms of 99 years' imprisonment after pleading guilty to two indictments charging rape in the first degree in violation of Alabama Code 1975, §
"The rule against asking leading questions of one's own witness on direct examination is not an absolute rule of exclusion. Rather, the allowance of leading questions on direct examination is within the discretion of the trial judge. Leading questions on direct examination are allowed under special circumstances which make it appear that the interests of justice require them, and determination of whether special circumstances justify direct examination of a witness by leading questions is a matter lying within the sound judicial discretion of the trial judge." 81 Am.Jur.2d Witnesses § 430 (1977).
Additionally, we note that McCurley waived this issue by pleading guilty. "It is universally held that a voluntary plea of guilty waives all nonjurisdictional defects." Lane v. State,
The defendant decided to plead guilty after trial had begun and one day of testimony had been completed. During that dayboth victims had testified in detail to their sexual encounters with the defendant. The testimony of either victim was sufficient to establish a prima facie case of rape in the first degree. In accepting the pleas, the following question was asked:
"THE COURT: To that charge and under those facts as set forth in that indictment and the facts as you have heard them here in the Courtroom, how do you plead to the charge of rape in the first degree, guilty or not guilty?
"THE DEFENDANT: Guilty." (Emphasis added).
"[A] factual basis for accepting a guilty plea may be established by several sources, including a prosecuting attorney's assertions of what he expects the evidence to show."Yamada v. State,
The record contains a colloquy which satisfies the requirements of Boykin v. Alabama,
Additionally, the prosecution made it clear that its recommendation was "ninety-nine years in each case, consecutive, for a total of a hundred and ninety-eight years." Our review of the transcript of the guilty pleas and the sentencing hearing leaves it unmistakably clear that there was no confusion over the possible sentences the defendant could receive.
The judgment of the circuit court is affirmed.
AFFIRMED.
All Judges concur.