Adams v. State

• Decision Date: 22 December 2003
• Docket Number: No. 24753.,24753.
• Citation: 81 P.3d 394,103 Haw. 214
• Parties: James ADAMS, Petitioner-Appellant, v. STATE of Hawai`i, Respondent-Appellee.
• Court: Hawaii Supreme Court

81 P.3d 394

103 Haw. 214

James ADAMS, Petitioner-Appellant, v. STATE of Hawai`i, Respondent-Appellee.

No. 24753.

Supreme Court of Hawai`i.

December 22, 2003.

James Adams, appearing pro se, on the briefs, petitioner-appellant.

Tharrington T. Trusdell and Leslie S.H. Chow, Deputy Prosecuting Attorneys, on the briefs, for respondent-appellee.

MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, and DUFFY, JJ.

Opinion of the Court by MOON, C.J.

In 1998, petitioner James Adams entered a plea of no contest in the Family Court of the Third Circuit, the Honorable Riki May Amano presiding, to one count of a reduced charge of sexual assault in the second degree, in violation of Hawai`i Revised Statutes (HRS) § 707-731(1)(a) (Supp.1997) (Count II), and four counts of sexual assault in the third degree, in violation of HRS § 707-732(1)(b) (1993) (Counts III, IV, V, and VI). Adams appeals from the November 19, 2001 findings of fact, conclusions of law and order of the third circuit court, the Honorable Greg K. Nakamura presiding, denying his Hawai`i Rules of Penal Procedure (HRPP) Rule 40 petition. Adams asserts that: (1) the family court lacked subject matter jurisdiction over Counts III, IV, V, and VI of the indictment inasmuch as Adams was not a parent or a guardian of Complainant B, nor did he have legal or physical custody of Complainant B;¹ (2) the circuit court lacked subject matter jurisdiction over his Rule 40 petition which he incorrectly filed, acting pro se, with the circuit court rather than the family court; (3) Counts III, IV, V, and VI were barred by the statute of limitations which he did not waive; and (4) he was denied the effective assistance of counsel inasmuch as trial counsel failed to inform him of the statute of limitations defense regarding Counts III, IV, V, and VI. Because Adams's claims are without merit, we affirm the circuit court's order.

I. BACKGROUND

On October 24, 1997, Adams was charged by indictment in the Family Court of the Third Circuit, case number FC-CR. No. 97-416, in connection with the alleged sexual assault of two girls, one of whom was his daughter (Complainant A) and the other, a girl of no relation living with her mom in the same home as Adams (Complainant B). The indictment provided:

COUNT I

Between the year 1989, through and including the year 1994, the exact date and time being unknown, ... ADAMS did knowingly subject to sexual contact [Complainant A], another person who was less than fourteen years old, thereby committing the offense of Sexual Assault in the Third Degree, in violation of [HRS] Section 707-732(1)(b), ... as amended.

COUNT II

Between the year 1995, through and including the year 1997, the exact date and time being unknown, ... ADAMS did knowingly subject to sexual penetration [Complainant A], another person who was less than fourteen years old, thereby committing the offense of Sexual Assault in the First Degree, in violation of [HRS] Section 707-730(1)(b), ... as amended.

COUNT III

During the year 1991, the exact date and time being unknown, but at a time different than that stated in Counts IV, V, and VI, ... ADAMS did knowingly subject to sexual contact [Complainant B], another person who was less than fourteen years old, thereby committing the offense of Sexual Assault in the Third Degree, in violation of [HRS] Section 707-732(1)(b), ... as amended.

COUNT IV

During the year 1991, the exact date and time being unknown, but at a time different than that stated in Counts III, V, and VI, ... ADAMS did knowingly subject to sexual contact [Complainant B], another person who was less than fourteen years old, thereby committing the offense of Sexual Assault in the Third Degree, in violation of [HRS] Section 707-732(1)(b), ... as amended.

COUNT V

During the year 1991, the exact date and time being unknown, but at a time different than that stated in Counts III, IV, and VI, ... ADAMS did knowingly subject to sexual contact [Complainant B], another person who was less than fourteen years old, thereby committing the offense of Sexual Assault in the Third Degree, in violation of [HRS] Section 707-732(1)(b), ... as amended.

COUNT VI

During the year 1991, the exact date and time being unknown, but at a time different than that stated in Counts III, IV, and V, ... ADAMS did knowingly subject to sexual contact [Complainant B], another person who was less than fourteen years old, thereby committing the offense of Sexual Assault in the Third Degree, in violation of [HRS] Section 707-732(1)(b), ... as amended.

At arraignment and plea on November 3, 1997, Judge Nakamura presiding, Adams entered a plea of not guilty.

On March 5, 1998, a change of plea hearing was held before the family court, the Honorable Riki May Amano presiding. At the hearing, Adams stated that he had reached a plea agreement with the prosecution and wished to change his plea to no contest to the lesser included offense of sexual assault in the second degree in Count II and no contest to Counts III, IV, V, and VI. Judge Amano thereupon advised Adams in pertinent part as follows:

THE COURT: Now, Mr. Adams, when you plead no contest to these serious charges, they're all felonies, the—uh, you give up any rights that you may not be able to get back after today, so I have to be real sure that this is what you want to do.

I'm going to ask you some questions. Please answer me out loud.

Judge Amano went on to ask Adams about his age and education. Upon finding there to be a sufficient factual basis for Counts II, III, IV, V, and VI, Judge Amano conducted the following colloquy with Adams:

THE COURT: The Court finds a sufficient factual basis for these five counts to exist.

Mr. Adams, these five counts, one of them is a B felony and the other four are C felonies. The B felony exposes you to a possible prison term of ten years plus a possible fine of $25,000. Each of the C felonies expose you to a possible five years of prison plus a fine of $10,000.

So each of the counts that you're pleading to today, and even though, uh, when you say no contest to the Court, it tells the Court that you're not contesting the charges and, therefore, the Court will find you guilty of these offenses. But each of the charges that you're pleading to today, if they were to be sentenced—if you were to be sentenced back to back or each of the counts, you could face a possible prison term of 30 years all together and a possible fine of $65,000. Do you understand that?

[Adams]: I do.

THE COURT: Have you had a chance to fully discuss that issue with [trial counsel]?

[Adams]: Yes.

THE COURT: All right. When you plead no contest, you give up as I said several rights, including the right to a trial. There will be no trial at all because you're pleading no contest and the Court is going to find you guilty. And when say no trial, it—sometimes we don't realize and until it pertains to us and then this case pertains to you, that there are several constitutional and legal rights that are protected under the umbrella of trial.

These rights include your right to confront witnesses. The right to see, hear, and question any and all witnesses that come here to trial to testify in the State's case. You have the right to bring your own witnesses to Court. Your lawyer could subpoena people, force them to come to Court to testify.

You have the right to tell the jury your side of the story. You have the right to make the State prove each and every element of each and every count against you beyond a reasonable doubt. It's the highest standard of proof in our system of law.

And when this case—if this case were to go to trial, all 12 people on the jury have to unanimously agree that the State made its burden of proof. Met its burden of proof. Do you understand that?

[Adams]: I do.

THE COURT: So when we say we give up—you're giving up your right to trial, it's all of these rights that are included.

You might also know that you have the right to remain silent. And as you stand here today, no one could force you to take the stand and testify or make any statements at all about these charges. This is another right that you will be giving up by pleading no contest. Do you understand what I have said?

[Adams]: I do, Your Honor.

THE COURT: Any questions about those rights?

[Adams]: No.

THE COURT: You also at trial would have the right to put on your—a defense for the case. Have you have a chance to discuss this case to your satisfaction with Mr. De Lima?

[Adams]: Yes, I have.

THE COURT: All right. As to all of these rights and your possible defenses, uh, do you have any questions, sir?

[Adams]: No.

THE COURT: All right. The—uh, is anyone forcing you, threatening you, or putting pressure on you to plead no contest to these charges today?

[Adams]: No one.

THE COURT: Is anyone making you any—I'm sorry, is anyone—are you doing this to cover up for someone else or protect someone else from prosecution?

[Adams]: No, I'm not.

THE COURT: Are you doing this of your own free will?

[Adams]: Yes, I am, Your Honor.

THE COURT: Now, Mr. Adams, uh, my understanding there's an agreement you have with the State. The agreement is that the State is—has said that as to sentencing, that when they come to Court and make a recommendation to the Court for sentencing, they will recommend that all the sentencing for the five counts be served together. We call that concurrent. So that means that the most you would be exposed to in terms of prison would be ten years because that's the B felony, right, and everything else will be served together with that.

Also, they've agreed to reduce the Sex Assault First Degree to Second. The charge—the B felony that you're pleading to was originally an A felony, Sex Assault First, but they've agreed to reduce that in exchange for your agreement to plead to that.

[Adams]: That's what I understand.

....

Agreeing to be bound by the plea agreement, Judge Amano stated:

THE COURT: All right. The Court has promised you based upon what I understand of your

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