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Rule 17.3. A Court's Duty to Determine Whether a Plea Is Entered Voluntarily and Intelligen...

Arizona Revised Statutes AnnotatedRules of Criminal Procedure

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
V. Pleas of Guilty and NO Contest
Rule 17. Pleas of Guilty and NO Contest; Submitting a Case on the Record (Refs & Annos)
16A A.R.S. Rules Crim.Proc., Rule 17.3
Rule 17.3. A Court's Duty to Determine Whether a Plea Is Entered Voluntarily and Intelligently
(a) Required Judicial Determination. Except as provided in Rule 17.1(f)(2), a court may not accept a plea of guilty or no contest unless it determines, after addressing the defendant personally in open court, that:
(1) the defendant wishes to forego the constitutional rights of which the defendant has been advised; and
(2) the defendant's plea is voluntary and not the result of force, threats or promises (other than that which is included in the plea agreement).
(b) Determining a Factual Basis. The court must find a factual basis for all guilty or no contest pleas. When making this finding, the court may consider the defendant's statements, police reports, certified transcripts of grand jury proceedings, or other satisfactory information. The court may make this finding at the time of the plea, or it may defer that determination until judgment is entered.

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
Former Rule 17.3, relating to duty of court to determine voluntariness and intelligence of the plea, was abrogated effective Jan. 1, 2018. See, now, this rule.
16A A. R. S. Rules Crim. Proc., Rule 17.3, AZ ST RCRP Rule 17.3
Current with amendments received through 05/1/2020.
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