(dissenting):
I do not join the Court in setting aside defendant’s plea of guilty because I am not persuaded that the plea was entered other than knowingly and voluntarily. I rely upon the following statements of the trial judge, counsel for the State, defense counsel, and defendant, all of which are extracted from the record of the proceedings at the time of arraignment:
THE COURT: The next matter is 1152, State of Utah, versus John Whitney Smith. Mr. Smith is present with his counsel, Willard Bishop. What is the intent of the defendant in the matter, Mr. Bishop?
MR. BISHOP: He’s before the Court, your Honor, for arraignment. There was a recent bindover from the Circuit Court, and we’re here concerning an agreement that’s been reached concerning the disposition of the case. I have here an affidavit of the defendant regarding the plea bargain. I’ve read it and I’ve talked to my client about it and he’s read it and understands it. He’s initialed the paragraphs, and all that remains to be done is to date it and sign it before your Honor.
THE COURT: Why don’t you do that now?
MR. BISHOP: Today is the 15th day of September. So you have to put “15” there. Write your name.
It’s been signed by myself and Mr. Oehler and Mr. John Whitney Smith.
THE COURT: Thank you, Mr. Smith. Have you seen the Information on file in this case, the document that charges you with—
MR. BISHOP: He can’t hear you, your Honor; he has difficulty hearing.
THE COURT: All right. Mr. Smith, have you read the Information in this case?
JOHN WHITNEY SMITH: Yes, sir.
THE COURT: How old are you?
JOHN WHITNEY SMITH: Fifty-nine.
THE COURT: Do you read and write the English language?
JOHN WHITNEY SMITH: Yes.
THE COURT: Do you want the Court to read you the document now or do you waive the reading of the Information?
JOHN WHITNEY SMITH: Waive it.
THE COURT: All right, it’s waived. You are charged in the Information with three felony offenses. The first is “Sodomy on a Child,” a first-degree felony, which is punishable from five years to life in the State penitentiary. Do you understand that charge and the possible penalty?
JOHN WHITNEY SMITH: Yes, sir, your Honor.
THE COURT: The second is a similar offense, “Sodomy on a Child,” a first-degree felony, which carries the same penalty. Do you understand that?
JOHN WHITNEY SMITH: Yes, your Honor.
THE COURT: And the third count is “Forcible Sexual Abuse,” a second-degree felony, punishable by one to 15 years in the State penitentiary, a $10,000 *467fine or both the fine and the imprisonment. Do you understand that charge and the penalty?
JOHN WHITNEY SMITH: Yes.
THE COURT: All right. I have in my hand an affidavit of the defendant regarding [the] plea bargain. Have you read this document?
JOHN WHITNEY SMITH: Yes, your Honor.
THE COURT: Have you discussed it with your attorney?
JOHN WHITNEY SMITH: Yes, your Honor.
THE COURT: Do you understand it and what it says?
JOHN WHITNEY SMITH: Yes.
THE COURT: Are these your initials by each paragraph?
JOHN WHITNEY SMITH: Yes.
THE COURT: And you have signed the document?
JOHN WHITNEY SMITH: Yes, your Honor.
THE COURT: All right. Do you have any question about what this document says?
JOHN WHITNEY SMITH: No, your Honor.
THE COURT: All right.
MR. BISHOP: The Court will notice that on the last page there has been an interlineation. We have included the words “or about,” with respect to the date.
THE COURT: All right. Has anyone brought any force or threat or fear to bear against you to cause you to enter into this agreement, Mr. Smith?
JOHN WHITNEY SMITH: No, your Honor.
THE COURT: Are you acting freely and voluntarily?
JOHN WHITNEY SMITH: Yes, your Honor.
THE COURT: What is the plea agreement, Mr. Oehler?
MR. OEHLER: In exchange for the defendant’s plea of guilty to Count 1, the State will move the Court to dismiss Counts 2 and 3. And I have agreed to recommend a presentence investigation prior to the imposition of sentence. No other promises have been made.
With respect to the affidavit, your Honor, let me also point out in Paragraph 7 it specifically indicates that the punishment for Count 1 is a minimum mandatory five, 10 or 15 to life.
THE COURT: Do you understand what Mr. Oehler has just said?
JOHN WHITNEY SMITH: Yes, your Honor.
THE COURT: All right. And you understand that if you plead guilty to this offense, as is set out in this agreement, you could be — submit yourself to an imprisonment for a term — mandatory term of five, 10 or 15 years up to life in the State penitentiary? Do you understand that?
JOHN WHITNEY SMITH: Yes, your Honor.
THE COURT: All right. Do you also understand that if you enter into this agreement, there will be no trial in the matter, you won’t have an opportunity to confront and cross-examine the witnesses against you and you will stand convicted by your own plea? Do you understand that?
JOHN WHITNEY SMITH: Yes, your Honor.
THE COURT: All right. Do you have any questions about your constitutional rights, Mr. Smith?
JOHN WHITNEY SMITH: No.
THE COURT: All right. Is the agreement, which Mr. Oehler just set out, the agreement as you understand it? Is that what you are agreeing to?
JOHN WHITNEY SMITH: Yes.
THE COURT: Have any other promises been made to you?
JOHN WHITNEY SMITH: No.
THE COURT: All right. Is that the agreement, Mr. Bishop?
MR. BISHOP: It is.
THE COURT: Are you ready now to submit to enter your plea to Count 1 of this Information? Are you ready to enter your plea?
JOHN WHITNEY SMITH: Yes, your Honor.
*468THE COURT: What is your plea to the offense of sodomy on a child, a first-degree felony, guilty or not guilty?
JOHN WHITNEY SMITH: Guilty.
THE COURT: All right, what is the factual basis, Mr. Oehler?
MR. OEHLER: The proof would show beyond a reasonable doubt that on or about Pioneer Day of 1986, the defendant engaged in an oral sexual act upon a 10-year-old by involving the defendant’s penis and the young boy’s mouth.
THE COURT: Is that correct, Mr. Smith?
JOHN WHITNEY SMITH: Yes, your Honor.
THE COURT: All right. I find that there is a factual basis. The plea of guilty is entered. Both sides are recommending a presentence investigation?
MR. BISHOP: That’s correct, your Honor.
MR. OEHLER: The State concurs, your Honor.
THE COURT: What about the other counts in the Information?
MR. OEHLER: At this time we move that Counts 2 and 3 be dismissed.
MR. BISHOP: No objection.
THE COURT: They’re dismissed pursuant to the plea agreements. I’ll refer the matter to the Adult Probation and Parole for the preparation of a presen-tence report.
(Emphasis added.)
The foregoing colloquy is demonstrative of defendant’s clear knowledge of both the offense he agreed to plead to and the voluntary nature of the plea. Particularly is this so by reason of the underscored portions wherein counsel for the State reiterated the content of defendant’s own affidavit which specifically indicated that the punishment for count 1 is imprisonment for a minimum mandatory term of five, ten, or fifteen years and which may be for life, to which when asked if he understood the punishment to be imposed, defendant responded: “Yes, your Honor.” In addition, the judge’s immediate response thereafter, when read in its entirety, leaves no ambiguity which defendant could reasonably rely upon to draw any conclusion that he was facing other than a mandatory prison sentence, the term of which was yet to be determined.
The judge began by saying “you could be,” but then paused and corrected himself to say “submit yourself to an imprisonment for a term,” again he paused, and then emphasized a “mandatory term of five, 10 or 15 years up to life in the State penitentiary? Do you understand that?” (emphasis added) to which defendant replied: “Yes, your Honor.”
It thus appears abundantly clear from the record that defendant’s plea was entered knowingly and voluntarily. Hence, I would affirm defendant’s conviction and sentence and deny his request to set aside his plea.
DAVIDSON, Court of Appeals Judge, concurs in the dissenting opinion of HALL, C.J. STEWART, J., does not participate herein. RICHARD C. DAVIDSON, Court of Appeals Judge, sat.