State v. Leger

Boslaugh, J.,

concurring.

■ I concur in the result in these cases. The presentence *355reports which were available to the trial 'court before sentencing, established a factual basis for the pleas of guilty.

The requirement that the trial court determine there is a factual basis for a plea of guilty does not originate in federal Rule 11. The requirement is a part of the Standards Relating to Pleas of Guilty which were adopted by this court in State v. Turner, 186 Neb. 424, 183 N. W, 2d 763j as the minimum procedure for the taking of pleas of guilty. The standards require the trial, court to determine there is. a factual basis for the plea before entering judgment upon the plea. A.B.A. Standards Relating to Pleas of Guilty, Approved Draft, 1968, § 1.6, p. 30.

The trial court is not required to inquire of the defendant. Inquiry of the county' attorney or examination of the presentence reports are alternative methods. State v. LeGear, 187 Neb. 763, 193 N. W. 2d 763. In North Carolina v. Alford, 400: U. S. 25, 91 S. Ct. 160, 27 L. Ed. 2d 162, the court heard testimony which summarized the State’s • case before accepting the plea of guilty.

Spencer, Smith, McCown, and-Clinton, JJ., join in this concurrence.