Bromley v. State

• Decision Date: 15 June 1988
• Docket Number: No. C-85-735,C-85-735
• Citation: 757 P.2d 382
• Parties: Louis J. BROMLEY, Appellant, v. The STATE of Oklahoma, Appellee.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

Page 382

757 P.2d 382

Louis J. BROMLEY, Appellant, v. The STATE of Oklahoma, Appellee.

No. C-85-735.

Court of Criminal Appeals of Oklahoma.

June 15, 1988.

An Appeal from the District Court of Grady County, James R. Winchester, District Judge.

LOUIS J. BROMLEY, appellant, pled guilty to First Degree Robbery-Murder in the District Court of Grady County, before the Honorable James R. Winchester, in Case No. CRF-85-10. After a sentencing hearing, appellant was sentenced to death. The petition for writ of certiorari is DENIED. The death sentence is MODIFIED to life imprisonment.

Patti Palmer, Deputy Appellate Public Defender, Norman, for appellant.

Michael C. Turpen, Atty. Gen., Susan Stewart Dickerson, Asst. Atty. Gen., Oklahoma City, for appellee.

OPINION

PARKS, Judge:

The appellant, Louis J. Bromley, pled guilty to First Degree Robbery Murder (21 O.S.1981, § 701.7(B)) in Grady County District Court, Case No. CRF-85-10, before the Honorable James R. Winchester, District Judge. After a sentencing hearing in which evidence was presented as to aggravating and mitigating circumstances, appellant was sentenced to death. Judgment and sentence was imposed accordingly. Appellant has timely filed a petition for a Writ of Certiorari regarding the validity of his guilty plea. We assume jurisdiction. This Court will also conduct the mandatory sentence review pursuant to 21 O.S.Supp.1985, § 701.13(A).

On September 9, 1985, appellant appeared before the Honorable James Winchester, District Judge and pled guilty to First Degree Murder. Appellant, relating the factual basis for his plea, explained that he entered the Humpty Dumpty Pharmacy on January 21, 1985, and saw the drugs Dilaudid and Demerol within reach. He pulled a pistol and told the pharmacist, Bob Turney, to hand him the drugs. Turney complied, asking appellant if he also wanted the Percodan tablets. When appellant replied in the affirmative, Turney ran toward him and the two men struggled. They fell through the swinging doors of the pharmacy, and Turney yelled for help to another pharmacist, Steve Beauchamp. As Beauchamp approached, he heard several shots. He joined in the struggle, pulling appellant away from Turney. Both an ambulance and the police were called. Turney died as a result of gunshot wounds, and Beauchamp sustained injuries to his left ear due to a gunshot wound.

I. ISSUES RELATING TO THE GUILTY PLEA

As his first proposition, appellant insists his plea of guilty was not knowingly and voluntarily entered. In support of this claim, he alleges there was an insufficient determination of competency, that he was not sufficiently apprised of his rights, and that he misunderstood the law with regard to the plea. See King v. State, 553 P.2d 529, 534 (Okla.Crim.App.1976).

King requires the trial court to make a determination of a defendant's competency based on an "appropriate interrogation of the defendant, and his defense counsel ... regarding the defendant's past and present mental state as well as by the defendant's demeanor before the court...." Id. at 534. Appellant claims that because there was some indication of past drug abuse, the inquiry made by the trial judge was insufficient.

However, we cannot agree with appellant's contention. The trial judge made a careful inquiry into the mental state of appellant by asking defense counsel specific questions regarding competency and questioning appellant about any medication he was taking. (Tr. 13) Appellant stated that the only medication he was taking was Benadryl for hayfever, but that he had not taken this medication on the day of these proceedings. (Tr. 12) Appellant, in answer to a question asked by the district attorney, also stated he had no prior history of mental illnesses or disorders. (Tr. 20) Nothing in the transcript suggests that appellant was incapable of appreciating the nature of his actions and the consequences of his plea of guilty. After interrogation and due consideration, the trial judge made a specific finding of competency. Furthermore, appellant signed the guilty plea which made direct reference to his competency.

Appellant also complains he was not sufficiently apprised of his right against self-incrimination. Appellant concedes he answered affirmatively when asked if he understood he had the right to remain silent, and that this right would be waived if he pled guilty. However, appellant urges that his plea was involuntary because the judge did not inform him that his waiver of privilege applied to both the guilty plea and the sentencing proceeding. In answer to this contention, we believe it is sufficient in this case to note that defense counsel, in the presence of appellant, expressly requested that the trial judge use appellant's "factual basis" testimony during the plea proceeding as evidence to be considered during the sentencing proceeding. Furthermore, the procedure set forth in King, 553 P.2d at 534, was carefully followed by the trial judge. Appellant was informed of his right against self-incrimination. He stated that he and his attorney had thoroughly discussed the matter, and he understood he would be waiving this right by a plea of guilty. (Tr. 23) After review of the entire record, we believe that appellant knowingly waived his right against self-incrimination. See Ligon v. State, 712 P.2d 74, 75 (Okla.Crim.App.1986).

Appellant also asserts that he misunderstood the discretionary aspect of withdrawing a plea. He states he was under the impression that "if he did not receive a life sentence from the trial judge he would automatically be able to withdraw his guilty plea within ten days." (Appellant's Brief, at 13)

Our review of the transcript of the guilty plea proceeding fails to disclose any support for appellant's claimed misunderstanding. At no point does the transcript reflect that appellant was told he could automatically withdraw his plea if he did not receive a life sentence.

Throughout the proceedings, appellant was represented by counsel. The record is replete with occasions during which appellant was advised by his counsel. Appellant testified he had fully discussed the nature and consequences of entering a guilty plea with his attorney, and was satisfied with the representation of counsel. (Tr. 22, 23) In answer to the judge's inquiries, appellant stated he understood that his plea of guilty waived his right to jury sentencing and that he could be sentenced to a term of life imprisonment or death by lethal injection. (Tr. 5, 14) Further into the proceedings the judge again explained to appellant that he could be sentenced to death. Appellant acknowledged this, but expressed his desire to enter a guilty plea. Later in the proceeding, he was asked by the judge if he fully understood the questions he had been asked, to which he replied "yes, sir." (Tr. 27) Accordingly, we see no violation of the guidelines set forth by King. This assignment of error is without merit. Appellant's petition for writ of certiorari is denied.

II. SENTENCING PHASE

Because we find the third and fourth propositions determinative, we will not address the remaining assignments of error. In his third proposition, appellant urges his due process rights were violated by the introduction of evidence of a criminal charge which was dismissed for lack of a speedy trial. During the sentencing hearing, the State introduced evidence relating to a homicide in which appellant was involved. Appellant objected to this testimony. Apparently, in 1976, appellant was accused of killing another inmate while incarcerated. However, the charge was dismissed with prejudice due to the State's failure to timely prosecute the action. In dismissing the action, the trial judge specifically stated that appellant's right to a speedy trial had been violated. The evidence presented at the sentencing hearing involved the testimony of a correctional officer and two inmates. Appellant argued that these few witnesses were not adequate to show "the full picture", and that other crucial evidence was no longer available.

The State argues that "any relevant evidence in conformance with the rules of evidence" is admissible to prove the "existence of a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society." Van Woundenberg v. State, 720 P.2d 328, 337 (Okla.Crim.App.1986), cert. denied, 479 U.S. 956, 107 S.Ct. 447, 93 L.Ed.2d 395 (1987). In furtherance of this position, the State claims admission of the evidence during the sentencing stage is limited only by "constitutional and statutory considerations or by a determination that the probative value of the evidence is outweighed by factors such as 'the danger of unfair prejudice.' " (Appellee's Brief, at 13).

Although we are not convinced as to the relevance of this evidence, we are more troubled by its admissibility with regard to appellant's constitutional rights of due process and a speedy trial. See State v. Arther, 290 S.C. 291, 350 S.E.2d 187, 190 (1986). Here, appellant is forced to defend himself against an accusation which a court dismissed over ten years ago for violation of appellant's right to a speedy trial. If this Court condoned such an act, it would fly in the face of a constitutional right which seeks to minimize the possibility of an impaired defense. See White v. State, 572 P.2d 569, 573 (Okla.Crim.App.1977). Furthermore, it would violate the mandates of 21 O.S.1981, § 701.10, which states that evidence of aggravation or mitigation shall not be admitted if the "evidence was secured in violation of the Constitutions of the United States or of the State of Oklahoma." The previous dismissal of the charge as a way of enforcing appellant's right to a speedy trial has little substance if the underlying facts of the charge can be used ten years later despite the constitutional violation. See Fitzpatrick v. State, 638 P.2d 1002, 1014 (Mont.1981) (court upheld the trial court's...