State v. Jefferson

Decision Date21 April 2003
Docket NumberNo. 00-640.,00-640.
Citation2003 MT 90,69 P.3d 641,315 Mont. 146
PartiesSTATE of Montana, Plaintiff and Respondent, v. Leonard JEFFERSON, Defendant and Appellant.
CourtMontana Supreme Court

James L. Vogel, Attorney at Law, Hardin, Montana, For Appellant.

Hon. Mike McGrath, Attorney General; Ilka Becker, Assistant Attorney General, Helena, Montana, Christine A. Cooke, Big Horn County Attorney, Hardin, Montana, For Respondent.

Justice TERRY N. TRIEWEILER delivered the Opinion of the Court.

¶ 1 The Defendant, Leonard Jefferson, was charged with attempted deliberate homicide in the District Court for the Thirteenth Judicial District in Big Horn County. Following a jury trial, Jefferson was convicted of that charge. He appeals the District Court order that denied his motion to dismiss and appeals his conviction. We vacate Jefferson's conviction and remand this case to the District Court for a new trial. ¶ 2 Jefferson raises the following issues on appeal:

¶ 3 1. Did the District Court err when it denied Jefferson's motion to dismiss for lack of a speedy trial?

¶ 4 2. Did Jefferson's attorney provide ineffective assistance of counsel?

¶ 5 3. Did the District Court err when it permitted the State to amend the Information on the day of his trial?

¶ 6 4. Did the District Court err when it denied Jefferson's motion for a new trial?

FACTUAL AND PROCEDURAL BACKGROUND

¶ 7 On May 18, 1998, the Defendant, Leonard Jefferson, was living with his ex-wife, Felicia Jefferson, and their nine-year-old son. At approximately 2:30 a.m., Jefferson returned to their home intoxicated, and began to argue with Felicia in their bedroom. The argument escalated and Jefferson retrieved his SKS assault rifle from outside of the bedroom. The State contends that Jefferson loaded one round into the chamber of the rifle and placed it beside the bed as the argument continued. Jefferson maintains that he did not load the rifle at that time. He pushed Felicia down on the bed and physically assaulted her with his fist, causing facial cuts.

¶ 8 Jefferson then placed the barrel of the rifle against Felicia's head and threatened to kill her. He left the bedroom and returned with their nine-year-old son. The State alleges that he also made threats against Felicia and their son at that time. Jefferson's mood changed and he became apologetic. He ceased the attack and placed the barrel of the rifle against his own head and asked Felicia to kill him. Jefferson claims that he loaded one bullet in the chamber just before placing the rifle against his head. At this point Felicia fled from the room with the rifle and her son and went next door to her mother's home.

¶ 9 Later that morning, Felicia went to the hospital where she received stitches for her lacerations. However, she did not report the incident to the police until May 21, 1998, because she was afraid Jefferson would kill her if she did so. Jefferson had approximately seven months of probation to serve for a prior federal conviction.

¶ 10 On May 26, 1998, Jefferson was charged by Information with attempted deliberate homicide and entered a not guilty plea at his arraignment. The District Court set his bond at $150,000. The United States filed a petition to revoke Jefferson's probation for violating the terms of his probation. Release on bond was not provided for in that proceeding.

¶ 11 Trial was scheduled for September 28, 1998. Although neither party filed for a continuance, and Jefferson did not waive his right to a speedy trial, a trial was not held on that date. The delay occurred because the State's evidence against Jefferson had not been returned from the Montana Crime Lab. On December 15, 1998, 203 days after charges were filed, Jefferson filed a motion to dismiss the charges against him for lack of a speedy trial. Jefferson alleged that he had been prejudiced, his relations with his new wife had been impaired, and he lost his job as a result of the delay.

¶ 12 The District Court rescheduled his trial for February 8, 1999. On that day, Jefferson entered a plea agreement in which he agreed to plead guilty to one count of felony assault in exchange for the State's promise to request a 20 year sentence, to request that the United States withdraw its petition to revoke Jefferson's probation, and not to request persistent felony status in the District Court. The State amended the Information from attempted deliberate homicide to felony assault pursuant to the agreement. However, at Jefferson's request, the District Court granted a continuance pending resolution of his motion to dismiss.

¶ 13 On February 23, 1999, Jefferson informed Judge Russell Fagg, by letter, that he had entered the plea agreement based upon inadequate advice from his counsel. Consequently, he wished to withdraw his guilty plea and exercise his constitutional right to a trial by jury.

¶ 14 On April 30, 1999, the District Court concluded that Jefferson had not been prejudiced by the delay of his trial and denied his motion to dismiss. On July 1, 1999, the State requested leave to amend the Information to the original charge of attempted deliberate homicide and requested a trial date. A trial by jury was scheduled for July 12, 1999. On the morning of trial, the State amended the Information to the original charge of attempted deliberate homicide. Following a two-day trial, a jury found Jefferson guilty of that charge. Jefferson's defense counsel was permitted to withdraw as counsel of record two weeks later. Following a psychological evaluation conducted by Dr. William Bredehoft, Jefferson's post-trial attorney moved for a new trial on March 6, 2000. He alleged that Jefferson was entitled to a new trial because the psychological evaluation indicated that he suffered from a mental disease or defect.

¶ 15 Due to a conflict of interest, Judge Blair Jones substituted for Judge Fagg in the proceeding. Judge Jones denied Jefferson's motion for a new trial and later sentenced him to be committed to the Montana Department of Public Health and Human Services for a period of sixty years. Jefferson contends that the District Court erred when it denied his motion to dismiss for lack of a speedy trial, permitted the State to amend the Information on the day of trial, and refused his motion for a new trial. Jefferson further maintains that he was denied his right to a fair trial because his trial attorney provided ineffective assistance of counsel.

DISCUSSION
ISSUE I

¶ 16 Did the District Court err when it denied Jefferson's motion to dismiss for lack of a speedy trial?

¶ 17 Jefferson contends that he was entitled to have the charges against him dismissed because of the State's delay in bringing him to trial. The State responds that, while it is responsible for the delay, his incarceration was inevitable and Jefferson was not prejudiced.

¶ 18 Whether a defendant has been denied the right to a speedy trial is a question of constitutional law. City of Billings v. Bruce, 1998 MT 186, ¶ 18, 290 Mont. 148, ¶ 18, 965 P.2d 866, ¶ 18. We review a district court's conclusions of law to determine whether its interpretation of the law is correct. Bruce, ¶ 18.

¶ 19 A criminal defendant's right to a speedy trial is guaranteed by the Sixth Amendment of the United States Constitution and by Article II, Section 24 of the Montana Constitution. We review speedy trial claims on a case-by-case basis pursuant to the four factors set forth in Barker v. Wingo (1972), 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101. Bruce, ¶ 19. The four factors are: (1) the length of the delay; (2) the reason for the delay; (3) the defendant's assertion of the right to a speedy trial; and (4) the prejudice the delay caused to the defense. Barker, 407 U.S. at 530, 92 S.Ct. at 2192; Bruce, ¶ 19.

¶ 20 Our analysis of whether the defendant has been prejudiced considers the harm the right to a speedy trial was intended to prevent. Barker, 407 U.S. at 532, 92 S.Ct. at 2193; Bruce, ¶ 68. The right to a speedy trial was intended to: (1) prevent pretrial incarceration; (2) minimize anxiety and concern of the defendant; and (3) prevent impairment of the defense. Barker, 407 U.S. at 532, 92 S.Ct. at 2193; Bruce, ¶ 68.

1. Length of Delay

¶ 21 First, we must consider the length of the delay. A delay of 200 days or more triggers speedy trial analysis. Bruce, ¶ 55. The total delay between Jefferson's arraignment and trial was 413 days. Jefferson's motion to dismiss was filed 203 days after he was charged. The delay in this case is sufficient to trigger further analysis of whether Jefferson was denied his right to a speedy trial.

2. Reason for Delay

¶ 22 Second, we consider the reason for the delay. When the delay attributable to the prosecution exceeds 275 days, the burden of proving that the defendant was not prejudiced shifts to the prosecution. Bruce, ¶ 56. The State concedes that it is responsible for more than 275 days of the delay. Therefore, we conclude that the State bears the burden of proving that Jefferson was not prejudiced.

3. Assertion of Right

¶ 23 Third, we consider whether Jefferson asserted the right to a speedy trial in a timely fashion. A defendant asserts the right to a speedy trial in a timely manner when a motion to dismiss is filed prior to the commencement of the trial. Bruce, ¶ 57. Jefferson filed his motion to dismiss for denial of a speedy trial 203 days after charges were filed and well before a trial was conducted. Consequently, we conclude that Jefferson asserted his right to a speedy trial in a timely manner.

4. Prejudice to the Defense

¶ 24 Our fourth consideration is whether Jefferson was prejudiced by the delay in this case. The importance of this factor, and the degree of prejudice required to establish that a defendant was denied his right to a speedy trial, is determined on a case-by-case basis in which we consider the length of the delay and the reason for the delay. Bruce, ¶ 58. This...

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