specially concurring:
I concur in the result reached by my colleagues, but my concurrence is based on the special factual circumstances surrounding this case.
In my opinion, if this case were considered only on its own facts, then I can hardly imagine any case involving a stipulation of facts by the defendant which more closely approaches a guilty plea than the facts of this case. Where the stipulation of facts admits the existence of each and every fact necessary to prove each and every element of a criminal offense there is no useful purpose served in regarding such stipulation as anything other than the legal equivalent of a guilty plea, and the admonitions required in guilty plea cases should be given. In many of the cases cited in the majority opinion we have cautioned, admonished and advised that trial courts accept the substance of the proceeding and act accordingly. From the number of appeals, this advice has been little heeded. Were it not for the exceptional circumstances surrounding this case I think reversal would be required.
The exceptional circumstances which I refer to are of course the other criminal case in which the defendant did plead guilty and so far as the record in this case is concerned did receive proper admonishments concerning his legal and constitutional rights. The plea of guilty in the former case, like the stipulation of facts in the instant case, as well as the dismissal of other charges, were all part of a negotiated settlement and under such circumstances I find there is insufficient reason to overturn the judgment of the trial court in this case.