The defendant appeals her Superior Court conviction and life sentence, contending her guilty plea to second degree murder (11 Del.C. § 635)
I
The defendant, a taxi driver, killed the victim shortly after he threatened her with a knife, refusing to pay his fare. She left the scene of the altercation, but returned with a handgun, and shot the victim. An open knife was found beside the body.
With the concurrence of the State the defendant pled guilty to second degree murder. Before accepting the plea, defense counsel, whose competence is unquestioned, informed the Court of his careful discussions with the defendant. The topics included the mandatory nature of the death penalty following a first degree murder conviction, the defendant’s knowledge of her constitutional rights, and the effect of a guilty plea as a waiver of those rights, her admission of the killing, denial of intent to kill and belief that she acted in self defense, and her understanding that on the facts, however, a jury could find her guilty of first degree murder.
II
This Court, following North Carolina v. Alford,
Defendant argues that the psychologically coercive impact of the death penalty had a “chilling” effect on the exercise of her constitutional rights, causing her to enter the plea to the lesser offense involuntarily. She also attempts to distinguish Brady v. United States,
In the most recent pronouncement by the United States Supreme Court on the question of the voluntariness of guilty pleas, Henderson v. Morgan,
Chief Justice Burger and Justice Rehnquist dissented, asserting that the majority opinion substitutes an “understanding of the elements of the offense” standard for the “voluntary, advised, and understanding the consequences of the plea” standard set forth in Machibroda v. United States,
A plea of guilty is more than a confession; it is itself a conviction by waiver of the accused’s privilege against compulsory self-incrimination, the right to trial by jury, and the right to confront one’s accusers. Boykin v. Alabama,
After reviewing the record, we are satisfied that the Robinson and Henderson tests have been met in this case and that the defendant’s plea was properly accepted by the Trial Court.
Affirmed.
Notes
11 Del.C. § 635 provides in pertinent part:
“A person is guilty of murder in the second degree when:
“(1) He recklessly causes the death of another person under circumstances which manifest a cruel, wicked, and depraved indifference to human life * * * ”
** 11 Del.C. § 636 provides in pertinent part:
“(a) A person is guilty of murder in the first degree when:
“(1) He intentionally causes the death of another person * * * ”
